1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2672 By: Baker |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 6-194, as amended by Section 1, Chapter 211, |
8| O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-194), |
| which relates to professional development programs; |
9| requiring dyslexia and dysgraphia program be approved |
| by the State Department of Education; amending 70 |
10| O.S. 2021, Sections 1210.508C and 1210.508D, which |
| relate to the Reading Sufficiency Act; deleting |
11| exception for avoiding annual submission of reading |
| sufficiency plan updates; requiring annual report of |
12| certain student data by specified date; modifying |
| funding allocation for Reading Sufficiency Act funds; |
13| providing funding for students enrolled in |
| kindergarten and first, second, and third grades; |
14| directing funds be used only for certain purposes; |
| mandating certain school districts receive Department |
15| approval prior to fund distribution; requiring |
| retention of certain funds to employ a literacy |
16| instructional team; providing for technical |
| assistance and program implementation guidance to |
17| team members and schools; directing team members to |
| be placed regionally statewide; providing duties for |
18| team; listing training required for team members; |
| providing Department oversight of team; establishing |
19| minimum criteria for team employees; listing hiring |
| preferences for team members with certain knowledge |
20| and training; providing for codification; providing |
| an effective date; and declaring an emergency. |
21| |
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22| |
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23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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24| |
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Req. No. 6017 Page 1
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1| SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-194, as |
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2|amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022, |
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3|Section 6-194), is amended to read as follows: |
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4| Section 6-194. A. The district boards of education of this |
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5|state shall establish professional development programs for the |
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6|certified teachers and administrators of the district. Programs |
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7|shall be adopted by each board based upon recommendations of a |
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8|professional development committee appointed by the board of |
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9|education for the district. For the fiscal years ending June 30, |
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10|2011, and June 30, 2012, a school district board of education may |
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11|elect not to adopt and offer a professional development program for |
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12|certified teachers and administrators of the district. If a school |
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13|district elects not to adopt and offer a professional development |
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14|program, the district may expend any monies allocated for |
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15|professional development for any purpose related to the support and |
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16|maintenance of the school district as determined by the board of |
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17|education of the school district. |
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18| B. Each professional development committee shall include |
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19|classroom teachers, administrators, school counselors or licensed |
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20|mental health providers, and parents, guardians or custodians of |
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21|children in the school district and shall consult with a higher |
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22|education faculty. A majority of the members of the professional |
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23|development committee shall be composed of classroom teachers. The |
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24|teacher members shall be selected by a designated administrator of |
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Req. No. 6017 Page 2
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1|the school district from a list of names submitted by the teachers |
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2|in the school district. The members selected shall be subject to |
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3|the approval of a majority vote of the teachers in the district. |
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4| C. In developing program recommendations, each professional |
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5|development committee shall annually utilize a data-driven approach |
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6|to analyze student data and determine district and school |
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7|professional development needs. The professional development |
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8|programs adopted shall be directed toward development of |
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9|competencies and instructional strategies in the core curriculum |
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10|areas for the following goals: |
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11| 1. Increasing the academic performance data scores for the |
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12|district and each school site; |
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13| 2. Closing achievement gaps among student subgroups; |
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14| 3. Increasing student achievement as demonstrated on |
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15|state-mandated tests and the ACT; |
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16| 4. Increasing high school graduation rates; and |
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17| 5. Decreasing college remediation rates. |
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18| Each program may also include components on classroom management |
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19|and student discipline strategies, outreach to parents, guardians or |
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20|custodians of students, special education, and racial and ethnic |
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21|education, which all personnel defined as teachers in Section 1-116 |
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22|of this title shall be required to complete on a periodic basis. |
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23|The State Board of Education shall provide guidelines to assist |
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24| |
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Req. No. 6017 Page 3
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1|school districts in developing and implementing racial and ethnic |
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2|education components into professional development programs. |
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3| D. At a minimum of once an academic year a program shall be |
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4|offered which includes the following: |
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5| 1. Training on recognition of child abuse and neglect; |
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6| 2. Recognition of child sexual abuse; |
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7| 3. Proper reporting of suspected abuse; and |
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8| 4. Available resources. |
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9| E. One time per year, beginning in the 2009-2010 school year, |
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10|training in the area of autism shall be offered and all resident |
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11|teachers of students in early childhood programs through grade three |
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12|shall be required to complete the autism training during the |
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13|resident year and at least one time every three (3) years |
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14|thereafter. All other teachers and education support professionals |
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15|of students in early childhood programs through grade three shall be |
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16|required to complete the autism training at least one time every |
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17|three (3) years. The autism training shall include a minimum |
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18|awareness of the characteristics of autistic children, resources |
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19|available and an introduction to positive behavior supports to |
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20|challenging behavior. Each adopted program shall allow school |
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21|counselors to receive at least one-third (1/3) of the hours or |
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22|credit required each year through programs or courses specifically |
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23|designed for school counselors. |
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1| Districts are authorized to utilize any means for professional |
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2|development that is not prohibited by law including, but not limited |
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3|to, professional development provided by the district, any state |
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4|agency, institution of higher education, or any private entity. |
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5| F. One time per year, beginning in the 2020-2021 school year, a |
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6|dyslexia awareness program shall be offered. Beginning in the |
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7|2023-2024 school year, the program shall include information and |
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8|training in dysgraphia. At a minimum, the program shall be approved |
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9|by the State Department of Education and include: |
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10| 1. Training in awareness of dyslexia characteristics in |
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11|students; |
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12| 2. Training in effective classroom instruction to meet the |
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13|needs of students with dyslexia; and |
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14| 3. Available dyslexia resources for teachers, students and |
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15|parents. |
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16| G. Except as otherwise provided for in this subsection, each |
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17|certified teacher in this state shall be required by the district |
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18|board of education to meet the professional development requirements |
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19|established by the board, or established through the negotiation |
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20|process. Except as otherwise provided for in this subsection, the |
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21|professional development requirements established by each board of |
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22|education shall require every teacher to annually complete a minimum |
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23|number of the total number of points required to maintain |
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24|employment. Failure of any teacher to meet district board of |
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1|education professional development requirements may be grounds for |
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2|nonrenewal of such teacher's contract by the board. Such failure |
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3|may also be grounds for nonconsideration of salary increments |
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4|affecting the teacher. For the fiscal years ending June 30, 2011, |
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5|and June 30, 2012, a certified teacher shall not be required to |
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6|complete any points of the total number of professional development |
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7|points required. Provided, a teacher may elect to complete some or |
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8|all of the minimum number of points required for the two (2) fiscal |
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9|years and any points completed shall be counted toward the total |
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10|number of points required to maintain employment. If a teacher does |
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11|not complete some or all of the minimum number of points required |
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12|for one (1) or both fiscal years, the total number of points |
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13|required to maintain employment shall be adjusted and reduced by the |
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14|number of points not completed. |
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15| H. Each district shall annually submit a report to the State |
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16|Department of Education on the district level professional |
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17|development needs, activities completed, expenditures, and results |
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18|achieved for each school year by each goal as provided in subsection |
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19|C of this section. If a school district elects not to adopt and |
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20|offer a professional development program as provided for in |
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21|subsection A of this section, the district shall not be required to |
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22|submit an annual report as required pursuant to this subsection but |
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23|shall report to the State Department of Education its election not |
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24| |
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Req. No. 6017 Page 6
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1|to offer a program and all professional development activities |
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2|completed by teachers and administrators of the school district. |
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3| I. Subject to the availability of funds, the Department shall |
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4|develop an online system for reporting as required in subsection H |
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5|of this section. The Department shall also make such information |
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6|available on its website. |
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7| SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.508C, |
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8|is amended to read as follows: |
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9| Section 1210.508C A. 1. Each student enrolled in kindergarten |
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10|in a public school in this state shall be screened at the beginning, |
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11|middle and end of each school year for reading skills including, but |
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12|not limited to, phonemic awareness, letter recognition, and oral |
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13|language skills as identified in the subject matter standards |
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14|adopted by the State Board of Education. A screening instrument |
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15|approved by the State Board shall be utilized for the purposes of |
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16|this section. |
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17| 2. For those kindergarten children at risk for reading |
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18|difficulties at the beginning of the year, teachers shall emphasize |
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19|reading skills as identified in the subject matter standards adopted |
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20|by the State Board of Education, monitor progress throughout the |
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21|year and measure mid-year and year-end reading progress. |
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22| 3. Kindergarten students who are not meeting grade-level |
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23|targets by mid-year in reading shall be provided a program of |
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24| |
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1|reading instruction designed to enable the student to acquire the |
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2|appropriate grade-level reading skills. |
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3| 4. Classroom assistants, which may include parents, |
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4|grandparents, or other volunteers, shall be provided in kindergarten |
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5|classes to assist with the screening of students if a teacher aide |
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6|is not already employed to assist in a kindergarten classroom. |
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7| B. Each student enrolled in first, second and third grade of |
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8|the public schools of this state shall be assessed at the beginning, |
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9|middle and end of each school year using a screening instrument |
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10|approved by the State Board of Education for the acquisition of |
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11|reading skills including, but not limited to, phonemic awareness, |
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12|phonics, reading fluency, vocabulary, and comprehension. |
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13| C. Any student enrolled in first, second or third grade who is |
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14|assessed and who is not meeting grade-level targets in reading shall |
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15|be provided a program of reading instruction designed to enable the |
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16|student to acquire the appropriate grade level reading skills. The |
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17|program of reading instruction shall include provisions of the READ |
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18|Initiative adopted by the school district as provided for in |
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19|subsection P of this section. Throughout the year progress |
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20|monitoring shall continue, and diagnostic assessment, if determined |
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21|appropriate, shall be provided. Year-end reading skills shall be |
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22|measured to determine reading success. |
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23| D. The State Board of Education shall approve screening |
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24|instruments for use at the beginning and end of the school year, for |
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1|monitoring of progress, and for measurement of reading skills at the |
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2|end of the school year as required in subsections A and B of this |
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3|section; provided, at least one of the screening instruments shall |
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4|meet the following criteria: |
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5| 1. Assess for phonemic awareness, phonics, reading fluency, |
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6|vocabulary and comprehension; |
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7| 2. Document the validity and reliability of each assessment; |
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8| 3. Can be used for identifying students who are at risk for |
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9|reading deficiency and progress monitoring throughout the school |
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10|year; |
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11| 4. Can be used to assess students with disabilities and English |
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12|language learners; and |
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13| 5. Accompanied by a data management system that provides |
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14|profiles for students, class, grade level and school building. The |
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15|profiles shall identify each student's instructional point of need |
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16|and reading achievement level. The State Board shall also determine |
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17|other comparable reading assessments for diagnostic purposes to be |
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18|used for students at risk of reading failure. The State Board shall |
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19|ensure that any assessments approved are in alignment with the |
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20|subject matter standards adopted by the State Board of Education. |
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21| E. 1. The program of reading instruction required in |
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22|subsections A and B of this section shall align with the subject |
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23|matter standards adopted by the State Board of Education and shall |
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24|include provisions of the READ Initiative adopted by the school |
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Req. No. 6017 Page 9
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1|district as provided for in subsection P of this section. A program |
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2|of reading instruction may include, but is not limited to: |
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3| a. sufficient additional in-school instructional time |
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4| for the acquisition of phonemic awareness, phonics, |
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5| reading fluency, vocabulary, and comprehension, |
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6| b. if necessary, tutorial instruction after regular |
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7| school hours, on Saturdays and during summer; however, |
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8| such instruction may not be counted toward the |
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9| one-hundred-eighty-day or one-thousand-eighty-hour |
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10| school year required in Section 1-109 of this title, |
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11| and |
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12| c. assessments identified for diagnostic purposes and |
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13| periodic monitoring to measure the acquisition of |
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14| reading skills including, but not limited to, phonemic |
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15| awareness, phonics, reading fluency, vocabulary, and |
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16| comprehension, as identified in the student's program |
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17| of reading instruction. |
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18| 2. A student enrolled in first or second grades who has been |
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19|assessed as provided for in subsection B of this section and found |
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20|not to be meeting grade-level targets in reading, shall be entitled |
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21|to supplemental instructional services and supports in reading until |
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22|the student is determined by the results of a screening instrument |
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23|to be meeting grade-level targets in reading. The program of |
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24|reading instruction for each student shall be developed by a Student |
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1|Reading Proficiency Team and shall include supplemental |
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2|instructional services and supports. Each team shall be composed |
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3|of: |
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4| a. the parent or guardian of the student, |
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5| b. the teacher assigned to the student who had |
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6| responsibility for reading instruction in that |
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7| academic year, |
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8| c. a teacher who is responsible for reading instruction |
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9| and is assigned to teach in the next grade level of |
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10| the student, and |
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11| d. a certified reading specialist, if one is available. |
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12| F. The program of reading instruction shall continue until the |
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13|student is determined by the results of approved reading assessments |
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14|to be meeting grade-level targets. |
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15| G. 1. Every school district shall adopt, and implement a |
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16|district reading sufficiency plan which has had input from school |
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17|administrators, teachers, and parents and if possible a reading |
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18|specialist, and which shall be submitted electronically to and |
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19|approved by the State Board of Education. The plan shall be updated |
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20|annually. School districts shall not be required to electronically |
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21|submit the annual updates to the Board if the last plan submitted to |
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22|the Board was approved and expenditures for the program include only |
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23|expenses relating to individual and small group tutoring, purchase |
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24|of and training in the use of screening and assessment measures, |
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1|summer school programs and Saturday school programs. If any |
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2|expenditure for the program is deleted or changed or any other type |
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3|of expenditure for the program is implemented, the school district |
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4|shall be required to submit the latest annual update to the Board |
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5|for approval. The district reading sufficiency plan shall include a |
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6|plan for each site which includes an analysis of the data provided |
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7|by the Oklahoma School Testing Program and other reading assessments |
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8|utilized as required in this section, and which outlines how each |
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9|school site will comply with the provisions of the Reading |
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10|Sufficiency Act. Each year, on or before October 1, a school |
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11|district shall report to the Board for students enrolled in |
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12|prekindergarten, kindergarten, first, second, and third grades: |
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13| a. the number of retained students, |
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14| b. the number of times a student has been retained, and |
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15| c. the number of students in transitional classrooms. |
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16| 2. The State Board of Education shall adopt rules for the |
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17|implementation and evaluation of the provisions of the Reading |
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18|Sufficiency Act. The evaluation shall include, but not be limited |
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19|to, an analysis of the data required in subsection S of this |
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20|section. |
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21| H. For any third-grade student found not to be meeting |
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22|grade-level targets as determined by reading assessments |
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23|administered pursuant to this section, a new program of reading |
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24|instruction, including provisions of the READ Initiative adopted by |
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1|the school district as provided for in subsection P of this section, |
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2|shall be developed by a Student Reading Proficiency Team and |
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3|implemented as specified in subsection E of this section. In |
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4|addition to other requirements of the Reading Sufficiency Act, the |
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5|plan may include specialized tutoring. |
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6| I. 1. Any first-grade, second-grade or third-grade student who |
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7|demonstrates end of year proficiency in reading at the third-grade |
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8|level through a screening instrument which meets the acquisition of |
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9|reading skills criteria pursuant to subsection B of this section |
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10|shall not be subject to retention pursuant to this section. After a |
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11|student has demonstrated proficiency through a screening instrument, |
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12|the district shall provide notification to the parent or guardian of |
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13|the student that they have satisfied the requirements of the Reading |
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14|Sufficiency Act and will not be subject to retention pursuant to |
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15|this section. |
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16| 2. If a third-grade student is identified at any point of the |
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17|academic year as having a significant reading deficiency, which |
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18|shall be defined as not meeting grade-level targets on a screening |
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19|instrument which meets the acquisition of reading skills criteria |
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20|pursuant to subsection B of this section, the district shall |
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21|immediately begin a student reading portfolio as provided by |
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22|subsection L of this section and shall provide notice to the parent |
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23|of the deficiency pursuant to subsection J of this section. |
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24| |
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1| 3. If a student has not yet satisfied the proficiency |
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2|requirements of this section prior to the completion of third grade |
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3|and still has a significant reading deficiency, as identified based |
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4|on assessments administered as provided for in subsection B of this |
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5|section, has not accumulated evidence of third-grade proficiency |
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6|through a student portfolio as provided in subsection L of this |
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7|section, or is not subject to a good-cause exemption as provided in |
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8|subsection L of this section, then the student shall not be eligible |
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9|for automatic promotion to fourth grade. |
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10| 4. The minimum criteria for grade-level performance of |
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11|third-grade students pursuant to the Reading Sufficiency Act shall |
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12|be that students are able to read and comprehend grade-level text. |
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13|To determine the promotion and retention of third-grade students |
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14|pursuant to the Reading Sufficiency Act, the State Board of |
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15|Education shall use only the scores for the standards for reading |
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16|foundations/processes and vocabulary portions of the statewide |
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17|third-grade assessment administered pursuant to Section 1210.508 of |
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18|this title and shall not use the scores from the other language arts |
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19|portions of the assessment. The performance levels established by |
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20|the Commission for Educational Quality and Accountability pursuant |
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21|to Section 1210.508 of this title shall ensure that students meeting |
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22|the performance-level criteria are performing at grade level on the |
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23|reading foundations and vocabulary portions of the statewide |
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24|third-grade assessment. |
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1| 5. a. A student not eligible for automatic promotion as |
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2| provided for under paragraph 3 of this subsection and |
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3| who does not meet the criteria established by the |
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4| Commission for Educational Quality and Accountability |
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5| on the reading portion of the statewide third-grade |
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6| assessment administered pursuant to Section 1210.508 |
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7| of this title may be evaluated for probationary |
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8| promotion by the Student Reading Proficiency Team |
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9| which was created for the student pursuant to |
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10| subsection E of this section. |
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11| b. The student shall be promoted to the fourth grade if |
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12| the team members unanimously recommend probationary |
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13| promotion to the school principal and the school |
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14| district superintendent and the principal and |
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15| superintendent approve the recommendation that |
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16| promotion is the best option for the student. If a |
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17| student is allowed a probationary promotion, the team |
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18| shall continue to review the reading performance of |
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19| the student and repeat the requirements of this |
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20| paragraph each academic year until the student |
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21| demonstrates grade-level reading proficiency, as |
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22| identified through a screening instrument which meets |
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23| the acquisition of reading skills criteria pursuant to |
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24| subsection B of this section, for the corresponding |
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1| grade level in which the student is enrolled or |
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2| transitions to a locally designed remediation plan |
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3| after the fifth grade which shall have the goal of |
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4| ensuring that the student is on track to be college |
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5| and career ready. |
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6| 6. Beginning with the 2017-2018 school year, students who do |
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7|not meet the performance criteria established by the Commission for |
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8|Educational Quality and Accountability on the reading portion of the |
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9|statewide third-grade assessment administered pursuant to Section |
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10|1210.508 of this title, who are not subject to a good cause |
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11|exemption as provided in subsection L of this section, and who do |
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12|not qualify for promotion or probationary promotion as provided in |
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13|this subsection, shall be retained in the third grade and provided |
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14|intensive instructional services and supports as provided for in |
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15|subsection O of this section. |
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16| 7. Each school district shall annually report to the State |
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17|Department of Education the number of students promoted to the |
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18|fourth grade pursuant to this subsection and the number of students |
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19|promoted to a subsequent grade pursuant to the provisions in |
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20|paragraph 5 of this subsection. The State Department of Education |
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21|shall publicly report the aggregate and district-specific number of |
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22|students promoted on their website and shall provide electronic |
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23|copies of the report to the Governor, Secretary of Education, |
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24|President Pro Tempore of the Senate, Speaker of the House of |
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1|Representatives, and to the respective chairs of the committees with |
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2|responsibility for common education policy in each legislative |
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3|chamber. |
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4| J. The parent of any student who is found to have a reading |
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5|deficiency and is not meeting grade-level reading targets and has |
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6|been provided a program of reading instruction as provided for in |
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7|subsection B of this section shall be notified in writing of the |
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8|following: |
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9| 1. That the student has been identified as having a substantial |
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10|deficiency in reading; |
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11| 2. A description of the current services that are provided to |
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12|the student pursuant to a conjoint measurement model such that a |
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13|reader and a text are placed on the same scale; |
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14| 3. A description of the proposed supplemental instructional |
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15|services and supports that will be provided to the student that are |
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16|designed to remediate the identified area of reading deficiency; |
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17| 4. That the student will not be promoted to the fourth grade if |
| |
18|the reading deficiency is not remediated by the end of the third |
| |
19|grade, unless the student is otherwise promoted as provided for in |
| |
20|subsection I of this section or is exempt for good cause as set |
| |
21|forth in subsection L of this section; |
| |
22| 5. Strategies for parents to use in helping their child succeed |
| |
23|in reading proficiency; |
| |
24| 6. The grade-level performance scores of the student; |
| |
Req. No. 6017 Page 17
___________________________________________________________________________
1| 7. That while the results of the statewide assessments |
| |
2|administered pursuant to Section 1210.508 of this title are the |
| |
3|initial determinant, they are not the sole determiner of promotion |
| |
4|and that portfolio reviews and assessments are available; and |
| |
5| 8. The specific criteria and policies of the school district |
| |
6|for midyear promotion implemented as provided for in paragraph 4 of |
| |
7|subsection O of this section. |
| |
8| K. No student may be assigned to a grade level based solely on |
| |
9|age or other factors that constitute social promotion. |
| |
10| L. For those students who do not meet the academic requirements |
| |
11|for promotion and who are not otherwise promoted as provided for in |
| |
12|subsection I of this section, a school district may promote the |
| |
13|student for good cause only. Good-cause exemptions for promotion |
| |
14|shall be limited to the following: |
| |
15| 1. English language learners who have had less than two (2) |
| |
16|years of instruction in an English language learner program; |
| |
17| 2. Students with disabilities whose individualized education |
| |
18|program (IEP), consistent with state law, indicates that the student |
| |
19|is to be assessed with alternate achievement standards through the |
| |
20|Oklahoma Alternate Assessment Program (OAAP); |
| |
21| 3. Students who demonstrate an acceptable level of performance |
| |
22|on an alternative standardized reading assessment approved by the |
| |
23|State Board of Education; |
| |
24| |
| |
Req. No. 6017 Page 18
___________________________________________________________________________
1| 4. Students who demonstrate, through a student portfolio, that |
| |
2|the student is reading on grade level as evidenced by demonstration |
| |
3|of mastery of the state standards beyond the retention level; |
| |
4| 5. Students with disabilities who participate in the statewide |
| |
5|assessments administered pursuant to Section 1210.508 of this title |
| |
6|and who have an individualized education program that reflects that |
| |
7|the student has received intensive remediation in reading and has |
| |
8|made adequate progress in reading pursuant to the student's |
| |
9|individualized education program; |
| |
10| 6. Students who have received intensive remediation in reading |
| |
11|through a program of reading instruction for two (2) or more years |
| |
12|but still demonstrate a deficiency in reading and who were |
| |
13|previously retained in prekindergarten for academic reasons, |
| |
14|kindergarten, first grade, second grade, or third grade; and |
| |
15| 7. Students who have been granted an exemption for medical |
| |
16|emergencies by the State Department of Education. |
| |
17| M. A student who is otherwise promoted as provided for in |
| |
18|subsection I of this section or is promoted for good cause as |
| |
19|provided for in subsection L of this section shall be provided |
| |
20|intensive reading instruction that includes specialized diagnostic |
| |
21|information and specific reading strategies for each student until |
| |
22|the student meets grade-level targets in reading. The school |
| |
23|district shall assist schools and teachers to implement reading |
| |
24| |
| |
Req. No. 6017 Page 19
___________________________________________________________________________
1|strategies for the promoted students that research has shown to be |
| |
2|successful in improving reading among low-performing readers. |
| |
3| N. Requests to exempt students from the retention requirements |
| |
4|based on one of the good-cause exemptions as described in subsection |
| |
5|L of this section shall be made using the following process: |
| |
6| 1. Documentation submitted from the teacher of the student to |
| |
7|the school principal that indicates the student meets one of the |
| |
8|good-cause exemptions and promotion of the student is appropriate. |
| |
9|In order to minimize paperwork requirements, the documentation shall |
| |
10|consist only of the alternative assessment results or student |
| |
11|portfolio work and the individual education plan (IEP), as |
| |
12|applicable; |
| |
13| 2. The principal of the school shall review and discuss the |
| |
14|documentation with the teacher and, if applicable, the other members |
| |
15|of the Student Reading Proficiency Team as described in subsection E |
| |
16|of this section. If the principal determines that the student meets |
| |
17|one of the good-cause exemptions and should be promoted based on the |
| |
18|documentation provided, the principal shall make a recommendation in |
| |
19|writing to the school district superintendent; and |
| |
20| 3. After review, the school district superintendent shall |
| |
21|accept or reject the recommendation of the principal in writing. |
| |
22| O. Each school district shall: |
| |
23| 1. Conduct a review of the program of reading instruction for |
| |
24|all students who do not meet the performance criteria established by |
| |
Req. No. 6017 Page 20
___________________________________________________________________________
1|the Commission for Educational Quality and Accountability on the |
| |
2|reading portion of the statewide assessment administered pursuant to |
| |
3|Section 1210.508 of this title and did not meet the criteria for one |
| |
4|of the good-cause exemptions as set forth in subsection L of this |
| |
5|section. The review shall address additional supports and services, |
| |
6|as described in this subsection, needed to remediate the identified |
| |
7|areas of reading deficiency. The school district shall require a |
| |
8|student portfolio to be completed for each retained student; |
| |
9| 2. Provide to students who have been retained as set forth in |
| |
10|subsection I of this section with intensive interventions in |
| |
11|reading, intensive instructional services and supports to remediate |
| |
12|the identified areas of reading deficiency, including a minimum of |
| |
13|ninety (90) minutes of daily, uninterrupted, |
| |
14|scientific-research-based reading instruction. Retained students |
| |
15|shall be provided other strategies prescribed by the school |
| |
16|district, which may include, but are not limited to: |
| |
17| a. small group instruction, |
| |
18| b. reduced teacher-student ratios, |
| |
19| c. more frequent progress monitoring, |
| |
20| d. tutoring or mentoring, |
| |
21| e. transition classes containing third- and fourth-grade |
| |
22| students, |
| |
23| f. extended school day, week, or year, and |
| |
24| |
| |
Req. No. 6017 Page 21
___________________________________________________________________________
1| g. summer reading academies as provided for in Section |
| |
2| 1210.508E of this title, if available; |
| |
3| 3. Provide written notification to the parent or guardian of |
| |
4|any student who is to be retained as set forth in subsection I of |
| |
5|this section that the student has not met the performance criteria |
| |
6|required for promotion and was not otherwise promoted and the |
| |
7|reasons the student is not eligible for a good-cause exemption. The |
| |
8|notification shall include a description of proposed interventions |
| |
9|and intensive instructional supports that will be provided to the |
| |
10|student to remediate the identified areas of reading deficiency; |
| |
11| 4. Implement a policy for the midyear promotion of a retained |
| |
12|student who can demonstrate that the student is a successful and |
| |
13|independent reader, is reading at or above grade-level targets, and |
| |
14|is ready to be promoted to the fourth grade. Tools that school |
| |
15|districts may use in reevaluating any retained student may include |
| |
16|screening assessments, alternative assessments, and portfolio |
| |
17|reviews, in accordance with rules of the State Board of Education. |
| |
18|Retained students may only be promoted midyear prior to November 1 |
| |
19|and only upon demonstrating that the student has met the performance |
| |
20|criteria established by the Commission for Educational Quality and |
| |
21|Accountability on the reading portion of the statewide third-grade |
| |
22|assessment administered pursuant to Section 1210.508 of this title, |
| |
23|or upon demonstrating proficiency in reading at the third-grade |
| |
24|level through a screening instrument administered pursuant to |
| |
Req. No. 6017 Page 22
___________________________________________________________________________
1|subsection B of this section, and upon showing progress sufficient |
| |
2|to master appropriate fourth-grade-level skills, as determined by |
| |
3|the school. A midyear promotion shall be made only upon agreement |
| |
4|of the parent or guardian of the student and the school principal; |
| |
5| 5. Provide students who are retained with a high-performing |
| |
6|teacher who can address the needs of the student, based on student |
| |
7|performance data and above-satisfactory performance appraisals; and |
| |
8| 6. In addition to required reading enhancement and acceleration |
| |
9|strategies, provide students who are retained with at least one of |
| |
10|the following instructional options: |
| |
11| a. supplemental tutoring in scientific-research-based |
| |
12| reading services in addition to the regular reading |
| |
13| block, including tutoring before or after school, |
| |
14| b. a parent-guided "Read at Home" assistance plan, as |
| |
15| developed by the State Department of Education, the |
| |
16| purpose of which is to encourage regular parent-guided |
| |
17| home reading, or |
| |
18| c. a mentor or tutor with specialized reading training. |
| |
19| P. Beginning with the 2011-2012 school year, each school |
| |
20|district shall establish a Reading Enhancement and Acceleration |
| |
21|Development (READ) Initiative. The focus of the READ Initiative |
| |
22|shall be to prevent the retention of third-grade students by |
| |
23|offering intensive accelerated reading instruction to third-grade |
| |
24|students who failed to meet standards for promotion to fourth grade |
| |
Req. No. 6017 Page 23
___________________________________________________________________________
1|and to kindergarten through third-grade students who are exhibiting |
| |
2|a reading deficiency. The READ Initiative shall: |
| |
3| 1. Be provided to all kindergarten through third-grade students |
| |
4|at risk of retention as identified by the assessments administered |
| |
5|pursuant to the Reading Sufficiency Act. The assessment used shall |
| |
6|measure phonemic awareness, phonics, reading fluency, vocabulary, |
| |
7|and comprehension; |
| |
8| 2. Be provided during regular school hours in addition to the |
| |
9|regular reading instruction; |
| |
10| 3. Provide a reading curriculum that, at a minimum, meets the |
| |
11|following specifications: |
| |
12| a. assists students assessed as exhibiting a reading |
| |
13| deficiency in developing the ability to read at grade |
| |
14| level, |
| |
15| b. provides skill development in phonemic awareness, |
| |
16| phonics, reading fluency, vocabulary, and |
| |
17| comprehension, |
| |
18| c. provides a scientific-research-based and reliable |
| |
19| assessment, |
| |
20| d. provides initial and ongoing analysis of the reading |
| |
21| progress of each student, and |
| |
22| e. is implemented during regular school hours,; |
| |
23| 4. Establish at each school, where applicable, an Intensive |
| |
24|Acceleration Class for retained third-grade students who |
| |
Req. No. 6017 Page 24
___________________________________________________________________________
1|subsequently do not meet the performance criteria established by the |
| |
2|Commission for Educational Quality and Accountability on the reading |
| |
3|portion of the statewide assessment administered pursuant to Section |
| |
4|1210.508 of this title. The focus of the Intensive Acceleration |
| |
5|Class shall be to increase the reading level of a child at least two |
| |
6|grade levels in one (1) school year. The Intensive Acceleration |
| |
7|Class shall: |
| |
8| a. be provided to any student in the third grade who |
| |
9| does not meet the performance criteria established by |
| |
10| the Commission for Educational Quality and |
| |
11| Accountability on the reading portion of the statewide |
| |
12| assessments and who was retained in the third grade |
| |
13| the prior year because of not meeting the performance |
| |
14| criteria on the reading portion of the statewide |
| |
15| assessments, |
| |
16| b. have a reduced teacher-student ratio, |
| |
17| c. provide uninterrupted reading instruction for the |
| |
18| majority of student contact time each day and |
| |
19| incorporate opportunities to master the fourth-grade |
| |
20| state standards in other core subject areas, |
| |
21| d. use a reading program that is |
| |
22| scientific-research-based and has proven results in |
| |
23| accelerating student reading achievement within the |
| |
24| same school year, |
| |
Req. No. 6017 Page 25
___________________________________________________________________________
1| e. provide intensive language and vocabulary instruction |
| |
2| using a scientific-research-based program, including |
| |
3| use of a speech-language therapist, and |
| |
4| f. include weekly progress monitoring measures to ensure |
| |
5| progress is being made; |
| |
6| 5. Provide reports to the State Board of Education, upon |
| |
7|request, on the specific intensive reading interventions and |
| |
8|supports implemented by the school district. The State |
| |
9|Superintendent of Public Instruction shall annually prescribe the |
| |
10|required components of the reports; and |
| |
11| 6. Provide to a student who has been retained in the third |
| |
12|grade and has received intensive instructional services but is still |
| |
13|not ready for grade promotion, as determined by the school district, |
| |
14|the option of being placed in a transitional instructional setting. |
| |
15|A transitional setting shall specifically be designed to produce |
| |
16|learning gains sufficient to meet fourth-grade performance standards |
| |
17|while continuing to remediate the areas of reading deficiency. |
| |
18| Q. 1. Each school district board of education shall annually |
| |
19|publish on the school website, and report in writing to the State |
| |
20|Board of Education by September 1 of each year, the following |
| |
21|information on the prior school year: |
| |
22| a. the provisions of this section relating to public |
| |
23| school student progression and the policies and |
| |
24| |
| |
Req. No. 6017 Page 26
___________________________________________________________________________
1| procedures of the school district on student retention |
| |
2| and promotion, |
| |
3| b. the number and percentage of all students in grade |
| |
4| three that did not meet the performance criteria |
| |
5| established by the Commission for Educational Quality |
| |
6| and Accountability on the reading portion of the |
| |
7| statewide assessment administered pursuant to Section |
| |
8| 1210.508 of this title, |
| |
9| c. by grade, the number and percentage of all students |
| |
10| retained in grades three through ten, |
| |
11| d. information on the total number and percentage of |
| |
12| students who were promoted for good cause, by each |
| |
13| category of good cause as specified above, and |
| |
14| e. any revisions to the policies of the school district |
| |
15| on student retention and promotion from the prior |
| |
16| year. |
| |
17| 2. The State Department of Education shall establish a uniform |
| |
18|format for school districts to report the information required in |
| |
19|this subsection. The format shall be developed with input from |
| |
20|school districts and shall be provided not later than ninety (90) |
| |
21|days prior to the annual due date. The Department shall annually |
| |
22|compile the information required, along with state-level summary |
| |
23|information, and report the information to the public, the Governor, |
| |
24| |
| |
Req. No. 6017 Page 27
___________________________________________________________________________
1|the President Pro Tempore of the Senate, and the Speaker of the |
| |
2|House of Representatives. |
| |
3| R. The State Department of Education shall provide technical |
| |
4|assistance as needed to aid school districts in administering the |
| |
5|provision of the Reading Sufficiency Act. |
| |
6| S. On or before January 31 of each year, the State Department |
| |
7|of Education shall issue to the Governor, the President Pro Tempore |
| |
8|of the Senate, the Speaker of the House of Representatives and |
| |
9|members of the Senate and House of Representatives Education |
| |
10|Committees a Reading Sufficiency Report which shall include, but is |
| |
11|not limited to, trend data detailing three (3) years of data, |
| |
12|disaggregated by student subgroups to include economically |
| |
13|disadvantaged, major racial or ethnic groups, students with |
| |
14|disabilities, and English language learners, as appropriate for the |
| |
15|following: |
| |
16| 1. The number and percentage of students in kindergarten |
| |
17|through third grade determined to be at risk for reading |
| |
18|difficulties compared to the total number of students enrolled in |
| |
19|each grade; |
| |
20| 2. The number and percentage of students in kindergarten who |
| |
21|continue to be at risk for reading difficulties as determined by the |
| |
22|year-end measurement of reading progress; |
| |
23| 3. The number and percentage of students in kindergarten |
| |
24|through third grade who have successfully completed their program of |
| |
Req. No. 6017 Page 28
___________________________________________________________________________
1|reading instruction and are reading on grade level as determined by |
| |
2|the results of approved reading assessments; |
| |
3| 4. The number and percentage of students that meet or do not |
| |
4|meet the performance criteria established by the Commission for |
| |
5|Educational Quality and Accountability on the reading portion of the |
| |
6|statewide third-grade assessment administered pursuant to Section |
| |
7|1210.508 of this title; |
| |
8| 5. The number of students tested, the number of students |
| |
9|promoted through meeting proficiency on a screening instrument as |
| |
10|provided for in subsection I of this section, the number of students |
| |
11|promoted through each of the good-cause exemptions as provided for |
| |
12|in subsection L of this section and the number of students retained |
| |
13|and the number of students promoted through probationary promotion |
| |
14|as provided for in subsection I of this section for each elementary |
| |
15|site; |
| |
16| 6. Data tracking the progression of students promoted through |
| |
17|each of the good-cause exemptions as provided for in subsection L of |
| |
18|this section and students promoted through probationary promotion or |
| |
19|students who are retained in third grade as provided for in |
| |
20|subsection I of this section. The data shall include but not be |
| |
21|limited to information regarding whether students graduate on time; |
| |
22| 7. The amount of funds for reading remediation received by each |
| |
23|district; |
| |
24| |
| |
Req. No. 6017 Page 29
___________________________________________________________________________
1| 8. An evaluation and narrative interpretation of the report |
| |
2|data analyzing the impact of the Reading Sufficiency Act on |
| |
3|students' ability to read at grade level; |
| |
4| 9. The type of reading instruction practices and methods |
| |
5|currently being used by school districts in the state; |
| |
6| 10. Socioeconomic information, access to reading resources |
| |
7|outside of school and screening for and identification of learning |
| |
8|disabilities for students not reading at the appropriate grade level |
| |
9|by third grade; |
| |
10| 11. The types of intensive remediation efforts being conducted |
| |
11|by school districts to identify best practices for students that are |
| |
12|not reading at the appropriate grade level and are not retained |
| |
13|under the provisions of this section; and |
| |
14| 12. Any recommendations for improvements or amendments to the |
| |
15|Reading Sufficiency Act. |
| |
16| The State Department of Education may contract with an |
| |
17|independent entity for the reporting and analysis requirements of |
| |
18|this subsection. |
| |
19| T. Copies of the results of the assessments administered shall |
| |
20|be made a part of the permanent record of each student. |
| |
21| SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.508D, |
| |
22|is amended to read as follows: |
| |
23| Section 1210.508D A. Contingent on the provision of |
| |
24|appropriated funds designated for the Reading Sufficiency Act, |
| |
Req. No. 6017 Page 30
___________________________________________________________________________
1|school districts may be allocated monies for each enrolled |
| |
2|kindergarten student or first-, second- and third-grade student |
| |
3|based on the average daily attendance of those students from the |
| |
4|current previous school year, including any student who has been |
| |
5|retained in the third grade pursuant to Section 1210.508C of this |
| |
6|title, who is found to be in need of remediation or intervention in |
| |
7|reading. The allocation shall be distributed to each school |
| |
8|district upon approval of the reading sufficiency plan for the |
| |
9|school district by the State Department of Education and the |
| |
10|submittal of a child-count report to the Department that details the |
| |
11|number of students identified as needing remediation or intervention |
| |
12|in reading average daily attendance numbers. To determine a |
| |
13|per-student allocation amount, the total amount of funds available |
| |
14|for allocation each year shall be divided by the total number of |
| |
15|students in the state identified as in need of remediation or |
| |
16|intervention in reading as provided for in Section 1210.508C of this |
| |
17|title based on the average daily attendance from the previous school |
| |
18|year. Each school district shall be allocated an amount equal to |
| |
19|the per-student allocation amount multiplied by the number average |
| |
20|daily attendance of identified students enrolled from the previous |
| |
21|school year in the school district. |
| |
22| 1. School districts shall use monies generated by the Reading |
| |
23|Sufficiency Act only for instructional purposes and professional |
| |
24|development based on the plan submitted to the Department intended |
| |
Req. No. 6017 Page 31
___________________________________________________________________________
1|to improve reading proficiency for students in kindergarten and |
| |
2|first, second, and third grades with particular emphasis on students |
| |
3|in kindergarten and first and second grade. |
| |
4| 2. Each school district that has more than twenty percent (20%) |
| |
5|of its students in third grade who do not demonstrate sufficient |
| |
6|reading skills as established by the State Board of Education |
| |
7|according to the reading portion of the statewide assessment shall |
| |
8|receive monies generated by the Reading Sufficiency Act established |
| |
9|in this section only after the kindergarten and first, second, and |
| |
10|third grade reading program plan of the school district has been |
| |
11|submitted, reviewed, and approved by the Department. Additional |
| |
12|support for schools shall be defined in rules promulgated by the |
| |
13|Department. The Department shall give approval to a school district |
| |
14|before any portion of the monies generated by the Reading |
| |
15|Sufficiency Act may be distributed to the school district pursuant |
| |
16|to this subsection. |
| |
17| B. Beginning with the 2022-2023 school year, districts |
| |
18|receiving more than Two Thousand Five Hundred Dollars ($2,500.00) |
| |
19|pursuant to subsection A of this section shall spend no less than |
| |
20|ten percent (10%) to provide professional development for teachers |
| |
21|teaching prekindergarten through grade five. The professional |
| |
22|development shall include training in the science of how students |
| |
23|learn to read as well as instructional materials required for |
| |
24|implementation. |
| |
Req. No. 6017 Page 32
___________________________________________________________________________
1| C. By June 30, 2022, the Department shall approve and publish a |
| |
2|list of professional development programs that are evidence-based |
| |
3|and directly address the cognitive science of how students learn to |
| |
4|read for which districts are permitted to use the funds received |
| |
5|under this section. |
| |
6| D. If a teacher attends and completes a professional |
| |
7|development institute in elementary reading approved by the Oklahoma |
| |
8|Commission for Teacher Preparation during the summer or when school |
| |
9|is not in session, the teacher may receive a stipend equal to the |
| |
10|amount of the cost for a substitute teacher, based on the amount of |
| |
11|funds allocated. |
| |
12| SECTION 4. NEW LAW A new section of law to be codified |
| |
13|in the Oklahoma Statutes as Section 1210.508H of Title 70, unless |
| |
14|there is created a duplication in numbering, reads as follows: |
| |
15| A. Beginning with the 2023-2024 school year, the State |
| |
16|Department of Education shall retain no less than ten percent (10%) |
| |
17|of funds appropriated for the Reading Sufficiency Act to employ a |
| |
18|literacy instructional team to support school districts in |
| |
19|implementation of the requirements of Section 1210.508C of Title 70 |
| |
20|of the Oklahoma Statutes. The Department shall provide technical |
| |
21|assistance for literacy instruction, dyslexia and related disorders, |
| |
22|and serve as a primary source of information and support for schools |
| |
23|in addressing the needs of students struggling with literacy, |
| |
24|dyslexia and related disorders. The Department shall develop |
| |
Req. No. 6017 Page 33
___________________________________________________________________________
1|program implementation guidance for school districts to assist |
| |
2|schools in administering an effective kindergarten through third |
| |
3|grade evidence-based reading program plan. The guidance shall |
| |
4|include identifying and recommending appropriate program |
| |
5|expenditures, providing technical oversight and assistance for |
| |
6|annually updating reading program plans, selecting and adopting |
| |
7|evidence-based reading curricula, and providing and promoting |
| |
8|teacher professional development that is based on evidence-based |
| |
9|reading research. |
| |
10| B. The Department shall employ a literacy instructional team |
| |
11|with team members who are placed regionally across the state. The |
| |
12|literacy instructional teams shall assist general education and |
| |
13|special education teachers in recognizing educational needs to |
| |
14|improve literacy outcomes for all students including those with |
| |
15|dyslexia or identified with the risk characteristics associated with |
| |
16|dyslexia. The role of the literacy instructional team shall also |
| |
17|include increasing professional awareness and instructional |
| |
18|competencies to meet the educational needs of all students including |
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19|those with dyslexia or identified with risk characteristics |
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20|associated with dyslexia. The Department shall prioritize supports |
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21|and interventions, including enrollment in reading trainings and |
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22|professional development, for schools which have the highest |
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23|percentage of students who do not demonstrate sufficient reading |
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24|skills as established by the State Board of Education. |
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1| C. Literacy instructional team members employed by the |
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2|Department shall have training in: |
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3| 1. The science of how students learn to read including |
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4|phonological awareness, phonics, fluency, vocabulary, comprehension, |
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5|writing, and language; |
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6| 2. Foundation of multisensory, explicit, systematic, and |
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7|structured reading instruction; |
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8| 3. Identification of and the appropriate interventions, |
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9|accommodations, and teaching techniques for struggling students; |
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10| 4. The requirements of the Reading Sufficiency Act; |
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11| 5. Special education laws and procedures; and |
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12| 6. Appropriate interventions, accommodations, and assistive |
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13|technology supports for students with dyslexia or a related |
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14|disorder. |
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15| D. The literacy instructional team members employed by the |
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16|Department shall report to the Director of Reading Sufficiency and |
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17|have: |
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18| 1. A minimum of five regional literacy leads, at least one who |
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19|shall be designated by the Department as a dyslexia specialist to |
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20|provide school districts with support and resources that are |
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21|necessary to assist students with dyslexia. The Department shall |
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22|give preference to educators applying for regional literacy lead |
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23|who: |
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24| |
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1| a. have an endorsement or certification as a certified |
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2| structured literacy dyslexia specialist or certified |
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3| academic language therapist, |
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4| b. are knowledgeable of multitiered systems of support; |
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5| and |
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6| c. have been trained in the identification of and |
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7| intervention for dyslexia and related disorders, |
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8| including best practice interventions and treatment |
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9| models for dyslexia; and |
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10| 2. A minimum of ten literacy specialists. The Department shall |
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11|give preference to educators applying for literacy specialist who: |
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12| a. have training in the science of reading, |
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13| b. are knowledgeable of multitiered systems of support, |
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14| and |
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15| c. have been trained in the identification of and |
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16| intervention for dyslexia and related disorders, |
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17| including best practice interventions and treatment |
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18| models for dyslexia. |
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19| SECTION 5. This act shall become effective July 1, 2023. |
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20| SECTION 6. It being immediately necessary for the preservation |
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21|of the public peace, health or safety, an emergency is hereby |
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22|declared to exist, by reason whereof this act shall take effect and |
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23|be in full force from and after its passage and approval. |
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24| |
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