1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 154 By: Stanley |
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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 1210.508C, which relates to the Reading |
8| Sufficiency Act; providing exemptions to certain |
| screening requirements; requiring certain evidence of |
9| student progression; updating statutory language; |
| amending 70 O.S. 2021, Section 1210.520, which |
10| relates to screening for dyslexia; updating statutory |
| language; updating statutory reference; modifying |
11| required components of certain policy; modifying |
| requirements for certain screening tools; providing |
12| exemptions to certain screening requirements; |
| requiring certain evidence of student progression; |
13| requiring data to include certain information; |
| modifying date by which certain report must be |
14| submitted; providing an effective date; and declaring |
| an emergency. |
15| |
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16| |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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18| SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.508C, |
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19|is amended to read as follows: |
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20| Section 1210.508C. A. 1. Each student enrolled in |
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21|kindergarten in a public school in this state shall be screened at |
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22|the beginning, middle, and end of each school year for reading |
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23|skills including, but not limited to, phonemic awareness, letter |
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24|recognition, and oral language skills as identified in the subject |
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1|matter standards adopted by the State Board of Education. A |
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2|screening instrument approved by the State Board shall be utilized |
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3|for the purposes of this section. |
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4| 2. For those kindergarten children at risk for reading |
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5|difficulties at the beginning of the year, teachers shall emphasize |
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6|reading skills as identified in the subject matter standards adopted |
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7|by the State Board of Education, monitor progress throughout the |
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8|year, and measure mid-year and year-end reading progress. |
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9| 3. Kindergarten students who are not meeting grade-level |
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10|targets by mid-year in reading shall be provided a program of |
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11|reading instruction designed to enable the student to acquire the |
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12|appropriate grade-level reading skills. |
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13| 4. Classroom assistants, which may include parents, |
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14|grandparents, or other volunteers, shall be provided in kindergarten |
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15|classes to assist with the screening of students if a teacher aide |
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16|is not already employed to assist in a kindergarten classroom. |
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17| 5. Exemptions to the screening requirements of this subsection |
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18|may be provided for students who have documented evidence that they |
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19|meet at least one of the following criteria as related to the |
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20|provision of instruction: |
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21| a. the student participates in the Oklahoma Alternate |
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22| Assessment Program (OAAP) and is taught using |
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23| alternate methods, |
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24| |
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1| b. the student's primary expressive and/or receptive |
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2| communication is sign language, |
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3| c. the student's primary form of written or read text is |
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4| Braille, or |
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5| d. the student's primary expressive and/or receptive |
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6| language is not English, the student is identified as |
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7| an English learner using a state-approved |
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8| identification assessment, and the student has had |
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9| less than one (1) school year of instruction in an |
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10| English learner program. |
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11| B. 1. Each student enrolled in first, second, and third grade |
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12|of the public schools of this state shall be assessed at the |
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13|beginning, middle, and end of each school year using a screening |
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14|instrument approved by the State Board of Education for the |
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15|acquisition of reading skills including, but not limited to, |
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16|phonemic awareness, phonics, reading fluency, vocabulary, and |
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17|comprehension. |
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18| 2. Exemptions to the screening requirements of this subsection |
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19|may be provided for students who have documented evidence that they |
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20|meet at least one of the following criteria as related to the |
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21|provision of classroom instruction: |
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22| a. the student participates in the OAAP and is taught |
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23| using alternate methods, |
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24| |
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1| b. the student's primary expressive and/or receptive |
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2| communication is sign language, |
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3| c. the student's primary form of written or read text is |
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4| Braille, or |
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5| d. the student's primary expressive and/or receptive |
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6| language is not English, the student is identified as |
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7| an English learner using a state-approved |
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8| identification assessment, and the student has had |
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9| less than one (1) school year of instruction in an |
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10| English learner program. |
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11| A public school that grants an exemption pursuant to this |
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12|paragraph shall provide ongoing evidence of student progression |
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13|toward English language acquisition with the same frequency as |
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14|administration of screening assessments. Evidence may include, but |
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15|not be limited to, student progression toward OAAP reading essential |
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16|elements, proficiency in sign language and reading comprehension, |
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17|and proficiency in Braille and reading comprehension. |
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18| C. Any student enrolled in first, second, or third grade who is |
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19|assessed and who is not meeting grade-level targets in reading shall |
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20|be provided a program of reading instruction designed to enable the |
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21|student to acquire the appropriate grade level reading skills. The |
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22|program of reading instruction shall include provisions of the READ |
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23|Initiative adopted by the school district as provided for in |
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24|subsection P of this section. Throughout the year progress |
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1|monitoring shall continue, and diagnostic assessment, if determined |
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2|appropriate, shall be provided. Year-end reading skills shall be |
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3|measured to determine reading success. |
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4| D. The State Board of Education shall approve screening |
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5|instruments for use at the beginning and end of the school year, for |
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6|monitoring of progress, and for measurement of reading skills at the |
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7|end of the school year as required in subsections A and B of this |
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8|section; provided, at least one of the screening instruments shall |
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9|meet the following criteria: |
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10| 1. Assess for phonemic awareness, phonics, reading fluency, |
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11|vocabulary, and comprehension; |
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12| 2. Document the validity and reliability of each assessment; |
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13| 3. Can be used for identifying students who are at risk for |
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14|reading deficiency and progress monitoring throughout the school |
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15|year; |
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16| 4. Can be used to assess students with disabilities and English |
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17|language learners; and |
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18| 5. Accompanied by a data management system that provides |
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19|profiles for students, class, grade level, and school building. The |
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20|profiles shall identify each student's instructional point of need |
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21|and reading achievement level. The State Board shall also determine |
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22|other comparable reading assessments for diagnostic purposes to be |
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23|used for students at risk of reading failure. The State Board shall |
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24| |
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1|ensure that any assessments approved are in alignment with the |
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2|subject matter standards adopted by the State Board of Education. |
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3| E. 1. The program of reading instruction required in |
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4|subsections A and B of this section shall align with the subject |
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5|matter standards adopted by the State Board of Education and shall |
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6|include provisions of the READ Initiative adopted by the school |
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7|district as provided for in subsection P of this section. A program |
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8|of reading instruction may include, but is not limited to: |
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9| a. sufficient additional in-school instructional time |
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10| for the acquisition of phonemic awareness, phonics, |
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11| reading fluency, vocabulary, and comprehension, |
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12| b. if necessary, tutorial instruction after regular |
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13| school hours, on Saturdays, and during summer; |
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14| however, such instruction may not be counted toward |
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15| the one-hundred-eighty-day or one-thousand-eighty-hour |
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16| school year required in Section 1-109 of this title, |
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17| and |
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18| c. assessments identified for diagnostic purposes and |
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19| periodic monitoring to measure the acquisition of |
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20| reading skills including, but not limited to, phonemic |
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21| awareness, phonics, reading fluency, vocabulary, and |
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22| comprehension, as identified in the student's program |
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23| of reading instruction. |
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24| |
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1| 2. A student enrolled in first or second grades who has been |
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2|assessed as provided for in subsection B of this section and found |
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3|not to be meeting grade-level targets in reading, shall be entitled |
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4|to supplemental instructional services and supports in reading until |
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5|the student is determined by the results of a screening instrument |
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6|to be meeting grade-level targets in reading. The program of |
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7|reading instruction for each student shall be developed by a Student |
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8|Reading Proficiency Team and shall include supplemental |
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9|instructional services and supports. Each team shall be composed |
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10|of: |
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11| a. the parent or legal guardian of the student, |
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12| b. the teacher assigned to the student who had |
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13| responsibility for reading instruction in that |
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14| academic year, |
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15| c. a teacher who is responsible for reading instruction |
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16| and is assigned to teach in the next grade level of |
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17| the student, and |
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18| d. a certified reading specialist, if one is available. |
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19| F. The program of reading instruction shall continue until the |
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20|student is determined by the results of approved reading assessments |
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21|to be meeting grade-level targets. |
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22| G. 1. Every school district shall adopt, and implement a |
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23|district reading sufficiency plan which has had input from school |
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24|administrators, teachers, and parents and if possible a reading |
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1|specialist, and which shall be submitted electronically to and |
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2|approved by the State Board of Education. The plan shall be updated |
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3|annually. School districts shall not be required to electronically |
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4|submit the annual updates to the Board if the last plan submitted to |
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5|the Board was approved and expenditures for the program include only |
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6|expenses relating to individual and small group tutoring, purchase |
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7|of and training in the use of screening and assessment measures, |
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8|summer school programs, and Saturday school programs. If any |
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9|expenditure for the program is deleted or changed or any other type |
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10|of expenditure for the program is implemented, the school district |
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11|shall be required to submit the latest annual update to the Board |
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12|for approval. The district reading sufficiency plan shall include a |
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13|plan for each site which includes an analysis of the data provided |
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14|by the Oklahoma School Testing Program and other reading assessments |
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15|utilized as required in this section, and which outlines how each |
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16|school site will comply with the provisions of the Reading |
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17|Sufficiency Act. |
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18| 2. The State Board of Education shall adopt rules for the |
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19|implementation and evaluation of the provisions of the Reading |
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20|Sufficiency Act. The evaluation shall include, but not be limited |
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21|to, an analysis of the data required in subsection S of this |
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22|section. |
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23| H. For any third-grade student found not to be meeting |
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24|grade-level targets as determined by reading assessments |
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1|administered pursuant to this section, a new program of reading |
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2|instruction, including provisions of the READ Initiative adopted by |
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3|the school district as provided for in subsection P of this section, |
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4|shall be developed by a Student Reading Proficiency Team and |
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5|implemented as specified in subsection E of this section. In |
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6|addition to other requirements of the Reading Sufficiency Act, the |
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7|plan may include specialized tutoring. |
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8| I. 1. Any first-grade, second-grade, or third-grade student |
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9|who demonstrates end of year proficiency in reading at the |
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10|third-grade level through a screening instrument which meets the |
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11|acquisition of reading skills criteria pursuant to subsection B of |
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12|this section shall not be subject to retention pursuant to this |
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13|section. After a student has demonstrated proficiency through a |
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14|screening instrument, the district shall provide notification to the |
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15|parent or legal guardian of the student that they have satisfied the |
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16|requirements of the Reading Sufficiency Act and will not be subject |
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17|to retention pursuant to this section. |
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18| 2. If a third-grade student is identified at any point of the |
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19|academic year as having a significant reading deficiency, which |
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20|shall be defined as not meeting grade-level targets on a screening |
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21|instrument which meets the acquisition of reading skills criteria |
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22|pursuant to subsection B of this section, the district shall |
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23|immediately begin a student reading portfolio as provided by |
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24| |
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1|subsection L of this section and shall provide notice to the parent |
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2|of the deficiency pursuant to subsection J of this section. |
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3| 3. If a student has not yet satisfied the proficiency |
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4|requirements of this section prior to the completion of third grade |
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5|and still has a significant reading deficiency, as identified based |
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6|on assessments administered as provided for in subsection B of this |
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7|section, has not accumulated evidence of third-grade proficiency |
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8|through a student portfolio as provided in subsection L of this |
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9|section, or is not subject to a good-cause exemption as provided in |
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10|subsection L of this section, then the student shall not be eligible |
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11|for automatic promotion to fourth grade. |
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12| 4. The minimum criteria for grade-level performance of |
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13|third-grade students pursuant to the Reading Sufficiency Act shall |
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14|be that students are able to read and comprehend grade-level text. |
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15|To determine the promotion and retention of third-grade students |
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16|pursuant to the Reading Sufficiency Act, the State Board of |
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17|Education shall use only the scores for the standards for reading |
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18|foundations/processes and vocabulary portions of the statewide |
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19|third-grade assessment administered pursuant to Section 1210.508 of |
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20|this title and shall not use the scores from the other language arts |
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21|portions of the assessment. The performance levels established by |
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22|the Commission for Educational Quality and Accountability pursuant |
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23|to Section 1210.508 of this title shall ensure that students meeting |
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24|the performance-level criteria are performing at grade level on the |
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1|reading foundations and vocabulary portions of the statewide |
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2|third-grade assessment. |
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3| 5. a. A student not eligible for automatic promotion as |
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4| provided for under paragraph 3 of this subsection and |
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5| who does not meet the criteria established by the |
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6| Commission for Educational Quality and Accountability |
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7| on the reading portion of the statewide third-grade |
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8| assessment administered pursuant to Section 1210.508 |
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9| of this title may be evaluated for probationary |
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10| promotion by the Student Reading Proficiency Team |
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11| which was created for the student pursuant to |
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12| subsection E of this section. |
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13| b. The student shall be promoted to the fourth grade if |
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14| the team members unanimously recommend probationary |
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15| promotion to the school principal and the school |
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16| district superintendent and the principal and |
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17| superintendent approve the recommendation that |
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18| promotion is the best option for the student. If a |
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19| student is allowed a probationary promotion, the team |
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20| shall continue to review the reading performance of |
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21| the student and repeat the requirements of this |
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22| paragraph each academic year until the student |
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23| demonstrates grade-level reading proficiency, as |
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24| identified through a screening instrument which meets |
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1| the acquisition of reading skills criteria pursuant to |
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2| subsection B of this section, for the corresponding |
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3| grade level in which the student is enrolled or |
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4| transitions to a locally designed remediation plan |
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5| after the fifth grade which shall have the goal of |
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6| ensuring that the student is on track to be college |
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7| and career ready. |
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8| 6. Beginning with the 2017-2018 school year, students who do |
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9|not meet the performance criteria established by the Commission for |
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10|Educational Quality and Accountability on the reading portion of the |
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11|statewide third-grade assessment administered pursuant to Section |
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12|1210.508 of this title, who are not subject to a good cause |
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13|exemption as provided in subsection L of this section, and who do |
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14|not qualify for promotion or probationary promotion as provided in |
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15|this subsection, shall be retained in the third grade and provided |
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16|intensive instructional services and supports as provided for in |
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17|subsection O of this section. |
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18| 7. Each school district shall annually report to the State |
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19|Department of Education the number of students promoted to the |
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20|fourth grade pursuant to this subsection and the number of students |
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21|promoted to a subsequent grade pursuant to the provisions in |
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22|paragraph 5 of this subsection. The State Department of Education |
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23|shall publicly report the aggregate and district-specific number of |
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24|students promoted on their website and shall provide electronic |
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1|copies of the report to the Governor, Secretary of Education, |
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2|President Pro Tempore of the Senate, Speaker of the House of |
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3|Representatives, and to the respective chairs of the committees with |
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4|responsibility for common education policy in each legislative |
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5|chamber. |
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6| J. The parent of any student who is found to have a reading |
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7|deficiency and is not meeting grade-level reading targets and has |
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8|been provided a program of reading instruction as provided for in |
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9|subsection B of this section shall be notified in writing of the |
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10|following: |
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11| 1. That the student has been identified as having a substantial |
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12|deficiency in reading; |
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13| 2. A description of the current services that are provided to |
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14|the student pursuant to a conjoint measurement model such that a |
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15|reader and a text are placed on the same scale; |
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16| 3. A description of the proposed supplemental instructional |
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17|services and supports that will be provided to the student that are |
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18|designed to remediate the identified area of reading deficiency; |
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19| 4. That the student will not be promoted to the fourth grade if |
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20|the reading deficiency is not remediated by the end of the third |
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21|grade, unless the student is otherwise promoted as provided for in |
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22|subsection I of this section or is exempt for good cause as set |
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23|forth in subsection L of this section; |
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24| |
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1| 5. Strategies for parents to use in helping their child succeed |
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2|in reading proficiency; |
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3| 6. The grade-level performance scores of the student; |
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4| 7. That while the results of the statewide assessments |
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5|administered pursuant to Section 1210.508 of this title are the |
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6|initial determinant, they are not the sole determiner of promotion |
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7|and that portfolio reviews and assessments are available; and |
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8| 8. The specific criteria and policies of the school district |
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9|for midyear promotion implemented as provided for in paragraph 4 of |
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10|subsection O of this section. |
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11| K. No student may be assigned to a grade level based solely on |
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12|age or other factors that constitute social promotion. |
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13| L. For those students who do not meet the academic requirements |
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14|for promotion and who are not otherwise promoted as provided for in |
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15|subsection I of this section, a school district may promote the |
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16|student for good cause only. Good-cause exemptions for promotion |
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17|shall be limited to the following: |
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18| 1. English language learners who have had less than two (2) |
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19|years of instruction in an English language learner program; |
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20| 2. Students with disabilities whose individualized education |
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21|program (IEP), consistent with state law, indicates that the student |
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22|is to be assessed with alternate achievement standards through the |
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23|Oklahoma Alternate Assessment Program (OAAP); |
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24| |
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1| 3. Students who demonstrate an acceptable level of performance |
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2|on an alternative standardized reading assessment approved by the |
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3|State Board of Education; |
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4| 4. Students who demonstrate, through a student portfolio, that |
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5|the student is reading on grade level as evidenced by demonstration |
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6|of mastery of the state standards beyond the retention level; |
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7| 5. Students with disabilities who participate in the statewide |
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8|assessments administered pursuant to Section 1210.508 of this title |
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9|and who have an individualized education program that reflects that |
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10|the student has received intensive remediation in reading and has |
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11|made adequate progress in reading pursuant to the student's |
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12|individualized education program; |
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13| 6. Students who have received intensive remediation in reading |
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14|through a program of reading instruction for two (2) or more years |
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15|but still demonstrate a deficiency in reading and who were |
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16|previously retained in prekindergarten for academic reasons, |
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17|kindergarten, first grade, second grade, or third grade; and |
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18| 7. Students who have been granted an exemption for medical |
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19|emergencies by the State Department of Education. |
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20| M. A student who is otherwise promoted as provided for in |
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21|subsection I of this section or is promoted for good cause as |
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22|provided for in subsection L of this section shall be provided |
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23|intensive reading instruction that includes specialized diagnostic |
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24|information and specific reading strategies for each student until |
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1|the student meets grade-level targets in reading. The school |
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2|district shall assist schools and teachers to implement reading |
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3|strategies for the promoted students that research has shown to be |
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4|successful in improving reading among low-performing readers. |
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5| N. Requests to exempt students from the retention requirements |
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6|based on one of the good-cause exemptions as described in subsection |
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7|L of this section shall be made using the following process: |
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8| 1. Documentation submitted from the teacher of the student to |
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9|the school principal that indicates the student meets one of the |
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10|good-cause exemptions and promotion of the student is appropriate. |
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11|In order to minimize paperwork requirements, the documentation shall |
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12|consist only of the alternative assessment results or student |
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13|portfolio work and the individual education plan (IEP), as |
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14|applicable; |
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15| 2. The principal of the school shall review and discuss the |
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16|documentation with the teacher and, if applicable, the other members |
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17|of the Student Reading Proficiency Team as described in subsection E |
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18|of this section. If the principal determines that the student meets |
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19|one of the good-cause exemptions and should be promoted based on the |
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20|documentation provided, the principal shall make a recommendation in |
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21|writing to the school district superintendent; and |
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22| 3. After review, the school district superintendent shall |
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23|accept or reject the recommendation of the principal in writing. |
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24| O. Each school district shall: |
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1| 1. Conduct a review of the program of reading instruction for |
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2|all students who do not meet the performance criteria established by |
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3|the Commission for Educational Quality and Accountability on the |
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4|reading portion of the statewide assessment administered pursuant to |
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5|Section 1210.508 of this title and did not meet the criteria for one |
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6|of the good-cause exemptions as set forth in subsection L of this |
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7|section. The review shall address additional supports and services, |
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8|as described in this subsection, needed to remediate the identified |
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9|areas of reading deficiency. The school district shall require a |
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10|student portfolio to be completed for each retained student; |
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11| 2. Provide to students who have been retained as set forth in |
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12|subsection I of this section with intensive interventions in |
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13|reading, intensive instructional services and supports to remediate |
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14|the identified areas of reading deficiency, including a minimum of |
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15|ninety (90) minutes of daily, uninterrupted, |
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16|scientific-research-based reading instruction. Retained students |
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17|shall be provided other strategies prescribed by the school |
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18|district, which may include, but are not limited to: |
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19| a. small group instruction, |
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20| b. reduced teacher-student ratios, |
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21| c. more frequent progress monitoring, |
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22| d. tutoring or mentoring, |
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23| e. transition classes containing third- and fourth-grade |
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24| students, |
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1| f. extended school day, week, or year, and |
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2| g. summer reading academies as provided for in Section |
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3| 1210.508E of this title, if available; |
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4| 3. Provide written notification to the parent or legal guardian |
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5|of any student who is to be retained as set forth in subsection I of |
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6|this section that the student has not met the performance criteria |
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7|required for promotion and was not otherwise promoted and the |
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8|reasons the student is not eligible for a good-cause exemption. The |
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9|notification shall include a description of proposed interventions |
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10|and intensive instructional supports that will be provided to the |
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11|student to remediate the identified areas of reading deficiency; |
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12| 4. Implement a policy for the midyear promotion of a retained |
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13|student who can demonstrate that the student is a successful and |
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14|independent reader, is reading at or above grade-level targets, and |
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15|is ready to be promoted to the fourth grade. Tools that school |
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16|districts may use in reevaluating any retained student may include |
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17|screening assessments, alternative assessments, and portfolio |
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18|reviews, in accordance with rules of the State Board of Education. |
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19|Retained students may only be promoted midyear prior to November 1 |
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20|and only upon demonstrating that the student has met the performance |
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21|criteria established by the Commission for Educational Quality and |
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22|Accountability on the reading portion of the statewide third-grade |
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23|assessment administered pursuant to Section 1210.508 of this title, |
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24|or upon demonstrating proficiency in reading at the third-grade |
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Req. No. 989 Page 18
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1|level through a screening instrument administered pursuant to |
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2|subsection B of this section, and upon showing progress sufficient |
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3|to master appropriate fourth-grade-level skills, as determined by |
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4|the school. A midyear promotion shall be made only upon agreement |
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5|of the parent or legal guardian of the student and the school |
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6|principal; |
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7| 5. Provide students who are retained with a high-performing |
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8|teacher who can address the needs of the student, based on student |
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9|performance data and above-satisfactory performance appraisals; and |
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10| 6. In addition to required reading enhancement and acceleration |
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11|strategies, provide students who are retained with at least one of |
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12|the following instructional options: |
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13| a. supplemental tutoring in scientific-research-based |
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14| reading services in addition to the regular reading |
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15| block, including tutoring before or after school, |
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16| b. a parent-guided "Read at Home" assistance plan, as |
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17| developed by the State Department of Education, the |
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18| purpose of which is to encourage regular parent-guided |
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19| home reading, or |
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20| c. a mentor or tutor with specialized reading training. |
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21| P. Beginning with the 2011-2012 school year, each school |
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22|district shall establish a Reading Enhancement and Acceleration |
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23|Development (READ) Initiative. The focus of the READ Initiative |
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24|shall be to prevent the retention of third-grade students by |
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Req. No. 989 Page 19
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1|offering intensive accelerated reading instruction to third-grade |
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2|students who failed to meet standards for promotion to fourth grade |
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3|and to kindergarten through third-grade students who are exhibiting |
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4|a reading deficiency. The READ Initiative shall: |
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5| 1. Be provided to all kindergarten through third-grade students |
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6|at risk of retention as identified by the assessments administered |
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7|pursuant to the Reading Sufficiency Act. The assessment used shall |
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8|measure phonemic awareness, phonics, reading fluency, vocabulary, |
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9|and comprehension; |
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10| 2. Be provided during regular school hours in addition to the |
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11|regular reading instruction; |
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12| 3. Provide a reading curriculum that, at a minimum, meets the |
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13|following specifications: |
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14| a. assists students assessed as exhibiting a reading |
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15| deficiency in developing the ability to read at grade |
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16| level, |
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17| b. provides skill development in phonemic awareness, |
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18| phonics, reading fluency, vocabulary, and |
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19| comprehension, |
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20| c. provides a scientific-research-based and reliable |
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21| assessment, |
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22| d. provides initial and ongoing analysis of the reading |
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23| progress of each student, and |
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24| e. is implemented during regular school hours,; |
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Req. No. 989 Page 20
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1| 4. Establish at each school, where applicable, an Intensive |
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2|Acceleration Class for retained third-grade students who |
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3|subsequently do not meet the performance criteria established by the |
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4|Commission for Educational Quality and Accountability on the reading |
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5|portion of the statewide assessment administered pursuant to Section |
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6|1210.508 of this title. The focus of the Intensive Acceleration |
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7|Class shall be to increase the reading level of a child at least two |
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8|grade levels in one (1) school year. The Intensive Acceleration |
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9|Class shall: |
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10| a. be provided to any student in the third grade who |
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11| does not meet the performance criteria established by |
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12| the Commission for Educational Quality and |
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13| Accountability on the reading portion of the statewide |
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14| assessments and who was retained in the third grade |
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15| the prior year because of not meeting the performance |
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16| criteria on the reading portion of the statewide |
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17| assessments, |
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18| b. have a reduced teacher-student ratio, |
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19| c. provide uninterrupted reading instruction for the |
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20| majority of student contact time each day and |
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21| incorporate opportunities to master the fourth-grade |
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22| state standards in other core subject areas, |
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23| |
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24| |
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1| d. use a reading program that is |
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2| scientific-research-based and has proven results in |
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3| accelerating student reading achievement within the |
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4| same school year, |
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5| e. provide intensive language and vocabulary instruction |
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6| using a scientific-research-based program, including |
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7| use of a speech-language therapist, and |
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8| f. include weekly progress monitoring measures to ensure |
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9| progress is being made; |
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10| 5. Provide reports to the State Board of Education, upon |
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11|request, on the specific intensive reading interventions and |
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12|supports implemented by the school district. The State |
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13|Superintendent of Public Instruction shall annually prescribe the |
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14|required components of the reports; and |
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15| 6. Provide to a student who has been retained in the third |
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16|grade and has received intensive instructional services but is still |
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17|not ready for grade promotion, as determined by the school district, |
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18|the option of being placed in a transitional instructional setting. |
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19|A transitional setting shall specifically be designed to produce |
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20|learning gains sufficient to meet fourth-grade performance standards |
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21|while continuing to remediate the areas of reading deficiency. |
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22| Q. 1. Each school district board of education shall annually |
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23|publish on the school website, and report in writing to the State |
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24| |
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Req. No. 989 Page 22
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1|Board of Education by September 1 of each year, the following |
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2|information on the prior school year: |
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3| a. the provisions of this section relating to public |
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4| school student progression and the policies and |
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5| procedures of the school district on student retention |
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6| and promotion, |
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7| b. the number and percentage of all students in grade |
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8| three that did not meet the performance criteria |
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9| established by the Commission for Educational Quality |
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10| and Accountability on the reading portion of the |
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11| statewide assessment administered pursuant to Section |
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12| 1210.508 of this title, |
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13| c. by grade, the number and percentage of all students |
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14| retained in grades three through ten, |
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15| d. information on the total number and percentage of |
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16| students who were promoted for good cause, by each |
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17| category of good cause as specified above, and |
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18| e. any revisions to the policies of the school district |
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19| on student retention and promotion from the prior |
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20| year. |
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21| 2. The State Department of Education shall establish a uniform |
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22|format for school districts to report the information required in |
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23|this subsection. The format shall be developed with input from |
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24|school districts and shall be provided not later than ninety (90) |
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Req. No. 989 Page 23
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1|days prior to the annual due date. The Department shall annually |
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2|compile the information required, along with state-level summary |
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3|information, and report the information to the public, the Governor, |
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4|the President Pro Tempore of the Senate, and the Speaker of the |
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5|House of Representatives. |
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6| R. The State Department of Education shall provide technical |
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7|assistance as needed to aid school districts in administering the |
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8|provision of the Reading Sufficiency Act. |
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9| S. On or before January 31 of each year, the State Department |
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10|of Education shall issue to the Governor, the President Pro Tempore |
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11|of the Senate, the Speaker of the House of Representatives, and |
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12|members of the education committees of the Senate and House of |
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13|Representatives Education Committees a Reading Sufficiency Report |
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14|which shall include, but is not limited to, trend data detailing |
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15|three (3) years of data, disaggregated by student subgroups to |
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16|include economically disadvantaged, major racial or ethnic groups, |
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17|students with disabilities, and English language learners, as |
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18|appropriate for the following: |
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19| 1. The number and percentage of students in kindergarten |
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20|through third grade determined to be at risk for reading |
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21|difficulties compared to the total number of students enrolled in |
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22|each grade; |
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23| |
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24| |
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Req. No. 989 Page 24
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1| 2. The number and percentage of students in kindergarten who |
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2|continue to be at risk for reading difficulties as determined by the |
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3|year-end measurement of reading progress; |
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4| 3. The number and percentage of students in kindergarten |
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5|through third grade who have successfully completed their program of |
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6|reading instruction and are reading on grade level as determined by |
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7|the results of approved reading assessments; |
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8| 4. The number and percentage of students that meet or do not |
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9|meet the performance criteria established by the Commission for |
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10|Educational Quality and Accountability on the reading portion of the |
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11|statewide third-grade assessment administered pursuant to Section |
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12|1210.508 of this title; |
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13| 5. The number of students tested, the number of students |
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14|promoted through meeting proficiency on a screening instrument as |
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15|provided for in subsection I of this section, the number of students |
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16|promoted through each of the good-cause exemptions as provided for |
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17|in subsection L of this section and the number of students retained |
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18|and the number of students promoted through probationary promotion |
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19|as provided for in subsection I of this section for each elementary |
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20|site; |
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21| 6. Data tracking the progression of students promoted through |
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22|each of the good-cause exemptions as provided for in subsection L of |
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23|this section and students promoted through probationary promotion or |
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24|students who are retained in third grade as provided for in |
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Req. No. 989 Page 25
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1|subsection I of this section. The data shall include but not be |
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2|limited to information regarding whether students graduate on time; |
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3| 7. The amount of funds for reading remediation received by each |
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4|district; |
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5| 8. An evaluation and narrative interpretation of the report |
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6|data analyzing the impact of the Reading Sufficiency Act on |
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7|students' ability to read at grade level; |
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8| 9. The type of reading instruction practices and methods |
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9|currently being used by school districts in the state; |
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10| 10. Socioeconomic information, access to reading resources |
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11|outside of school and screening for and identification of learning |
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12|disabilities for students not reading at the appropriate grade level |
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13|by third grade; |
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14| 11. The types of intensive remediation efforts being conducted |
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15|by school districts to identify best practices for students that are |
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16|not reading at the appropriate grade level and are not retained |
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17|under the provisions of this section; and |
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18| 12. Any recommendations for improvements or amendments to the |
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19|Reading Sufficiency Act. |
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20| The State Department of Education may contract with an |
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21|independent entity for the reporting and analysis requirements of |
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22|this subsection. |
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23| T. Copies of the results of the assessments administered shall |
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24|be made a part of the permanent record of each student. |
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1| SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.520, is |
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2|amended to read as follows: |
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3| Section 1210.520. A. Beginning with the 2022-2023 school year |
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4|and for each school year thereafter, any student enrolled in |
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5|kindergarten, first, second, or third grade in a public school in |
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6|this state who is assessed through the Reading Sufficiency Act |
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7|pursuant to Section 1210.508C of Title 70 of the Oklahoma Statutes |
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8|this title and who is not meeting grade-level targets in reading |
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9|after the beginning-of-the-year assessment shall be screened for |
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10|dyslexia. Screening also may be requested for a student by his or |
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11|her parent or legal guardian, teacher, counselor, speech-language |
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12|pathologist, or school psychologist. |
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13| B. No later than July 1, 2021, the State Board of Education |
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14|shall develop policies for dyslexia screening required under this |
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15|subsection and which shall include, but not be limited to: |
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16| 1. The definition and characteristics of dyslexia and related |
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17|language disorders; |
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18| 2. The process for referring students in kindergarten and |
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19|grades one through three for screening; |
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20| 3. A process for providing notification to parents of the use |
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21|of a qualified dyslexia-screening tool and notification of the |
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22|results of the screening; |
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23| |
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24| |
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1| 4. A process for providing the parents of students screened for |
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2|dyslexia with information and resource material regarding dyslexia; |
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3|and |
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4| 5. A process for monitoring the student's progress after the |
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5|positive identification of characteristics of dyslexia, or other |
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6|disorders; and |
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7| 6. Requirements and qualifications for screeners that |
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8|demonstrate an understanding of and training to administer the |
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9|screening instrument. |
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10| C. The Board shall adopt a list of approved qualified dyslexia |
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11|screening tools that address the following components, as |
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12|developmentally appropriate: |
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13| 1. Phonological awareness; |
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14| 2. Advanced phonemic Phonemic awareness; |
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15| 3. Sound symbol recognition; |
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16| 4. Alphabet knowledge; |
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17| 5. Decoding skills; |
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18| 6. Encoding skills; and |
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19| 7. Rapid naming; and |
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20| 8. Developmental language. |
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21| D. Screening shall be conducted in accordance with the policies |
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22|developed by the State Board of Education pursuant to subsection B |
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23|of this section and the Oklahoma Dyslexia Handbook, including |
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24| |
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Req. No. 989 Page 28
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1|policies and information developed relating to universal screening |
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2|of kindergarten students for characteristics of dyslexia. |
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3| E. 1. Exemptions to the screening requirements of this section |
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4|may be provided for students who have documented evidence that they |
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5|meet at least one of the following criteria as related to the |
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6|provision of classroom instruction: |
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7| a. the student participates in the Oklahoma Alternate |
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8| Assessment Program (OAAP) and is taught using |
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9| alternate standards, |
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10| b. the student's primary expressive and/or receptive |
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11| communication is sign language, |
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12| c. the student's primary form of written or read text is |
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13| Braille, or |
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14| d. the student's primary expressive and/or receptive |
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15| language is not English, the student is identified as |
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16| an English learner using a state-approved |
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17| identification assessment, and the student has had |
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18| less than one (1) school year of instruction in an |
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19| English learner program. |
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20| 2. If a student who qualifies for an exemption pursuant to this |
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21|subsection is screened for characteristics of dyslexia, he or she |
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22|shall be subject to the other requirements of this section. |
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23| 3. A public school that grants an exemption pursuant to this |
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24|subsection shall provide ongoing evidence of student progression |
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Req. No. 989 Page 29
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1|toward English language acquisition with the same frequency as |
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2|administration of screening tools. Evidence may include, but not be |
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3|limited to, student progression toward OAAP reading essential |
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4|elements, proficiency in sign language and reading comprehension, |
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5|proficiency in Braille and reading comprehension, and proficiency in |
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6|English as an additional language. The public school shall collect |
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7|ongoing evidence in a manner that may be provided to a student's |
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8|parent or legal guardian as necessary or upon request. |
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9| F. Beginning June 30, 2023, and for by June 30 each year |
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10|thereafter, school districts shall provide the following data to the |
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11|State Department of Education: |
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12| 1. The number of students by grade level in kindergarten |
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13|through grade three who were screened for characteristics of |
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14|dyslexia in a school year; |
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15| 2. The number of students by grade level in kindergarten |
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16|through grade three who were newly identified as having |
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17|characteristics of dyslexia in a school year; |
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18| 3. The number of students by grade level in kindergarten |
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19|through grade three who qualified for and were provided an exemption |
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20|pursuant to subsection E of this section in a school year; |
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21| 4. The process or tools used to evaluate student progress; |
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22| 4. 5. The number of trained school system personnel or licensed |
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23|professionals used to administer the qualified dyslexia screening |
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24|tool; |
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1| 5. 6. The number of students in kindergarten through grade |
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2|three who were participating in interventions addressing |
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3|characteristics of dyslexia provided by the school within the school |
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4|setting and the number of students participating in interventions |
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5|outside the school setting; and |
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6| 6. 7. The programs used by districts for intervention to |
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7|address characteristics of dyslexia within the school setting. |
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8| F. G. By December 31, 2023 January 31, 2025, and for by January |
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9|31 each year thereafter, the State Department of Education shall |
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10|provide a report containing all of the information provided in |
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11|subsection E F of this section to the Governor and Legislature and |
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12|make the report available on the Department's website. |
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13| G. H. As funds are available, beginning the 2021-2022 school |
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14|year, the Department shall provide training on the best practices |
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15|for screening for characteristics of dyslexia. |
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16| H. I. The State Board of Education may promulgate rules |
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17|necessary to implement the provisions of this section. |
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18| SECTION 3. This act shall become effective July 1, 2023. |
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19| SECTION 4. It being immediately necessary for the preservation |
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20|of the public peace, health, or safety, an emergency is hereby |
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21|declared to exist, by reason whereof this act shall take effect and |
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22|be in full force from and after its passage and approval. |
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23| |
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24| 59-1-989 EB 1/4/2023 6:57:35 PM |
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Req. No. 989 Page 31
