BillCam

HOUSE BILL No. 6606

December 19, 2018, Introduced by Reps. Hammoud and Anthony and referred to the Committee on Education Reform.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1280f (MCL 380.1280f), as added by 2016 PA 306.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1280f. (1) The department shall do all of the following

to help ensure that more pupils will achieve a score of at least

proficient in English language arts on the grade 3 state

assessment:

(a) Approve 3 or more valid and reliable screening, formative,

and diagnostic reading assessment systems for selection and use by

school districts and public school academies in accordance with the

following:

(i) Each approved assessment system shall must provide a

screening assessment, monitoring capabilities for monitoring

progress toward a growth target, and a diagnostic assessment.

(ii) In determining which assessment systems to approve for

use by school districts and public school academies, the department

shall also consider at least the following factors:

(A) The time required to conduct the assessments, with the

intention of minimizing the impact on instructional time.

(B) The level of integration of assessment results with

instructional support for teachers and pupils.

teachers, administrators, and parents.

(iii) Each approved assessment system must screen pupils in

any of grades K to 3 for characteristics of dyslexia using a valid

and reliable universal screening method that includes, but is not

limited to, a screening that assesses all of the following:

(A) A pupil's phonological awareness.

(B) A pupil's phonemic awareness.

(D) A pupil's alphabet knowledge.

(E) A pupil's rapid-naming ability.

(F) A pupil's decoding skills.

(G) A pupil's encoding skills.

(b) Recommend or develop an early literacy coach model with

the following features:

(i) An early literacy coach shall support and provide initial

and ongoing professional development to teachers in all of the

following:

(A) Each of the 5 major reading components listed in

subsection (3)(a)(iv)(B) as needed, based on an analysis of pupil

performance data.

(B) Administering and analyzing instructional assessments.

intervention.

(D) Using progress monitoring.

(E) Identifying and addressing reading deficiency.

(ii) An early literacy coach shall also do all of the

following:

(A) Model effective instructional strategies for teachers.

(B) Facilitate study groups.

differentiate instruction.

(D) Coach and mentor colleagues.

(E) Work with teachers to ensure that evidence-based reading

programs such as comprehensive core reading programs, supplemental

reading programs, and comprehensive intervention reading programs

are implemented with fidelity.

(F) Train teachers to diagnose and address reading deficiency.

(G) Work with teachers in applying evidence-based reading

strategies in other content areas, including, but not limited to,

prioritizing time spent on those teachers, activities, and roles

that will have the greatest impact on pupil achievement and

prioritizing coaching and mentoring in classrooms.

(H) Help to increase instructional density to meet the needs

of all pupils.

(I) Help lead and support reading leadership teams at the

school.

(J) Continue to increase his or her knowledge base in best

practices in reading instruction and intervention.

(K) For each teacher who teaches in a classroom for grades K

to 3, model for the teacher, and coach the teacher in, instruction

with pupils in whole and small groups.

(iii) In the context of performing the functions described in

subparagraph (ii), an early literacy coach shall not be asked to

perform administrative functions that will confuse his or her role

for teachers.

(iv) An early literacy coach must meet all of the following:

(A) Have experience as a successful classroom teacher.

(B) Have sufficient knowledge of scientifically based reading

research, special expertise in quality reading instruction and

infusing reading strategies into content area instruction, and data

management skills.

(D) Have a minimum of a bachelor's degree and advanced

coursework in reading or have completed professional development in

evidence-based literacy instructional strategies.

(v) An early literacy coach shall not be assigned a regular

classroom teaching assignment, but shall be expected to work

frequently with pupils in whole and small group instruction or

tutoring in the context of modeling and coaching in or outside of

teachers' classrooms.

(2) Subject to subsection (14), beginning in the 2017-2018

school year, the board of a school district or board of directors

of a public school academy shall do all of the following to ensure

that more pupils will achieve a score of at least proficient in

English language arts on the grade 3 state assessment:

(a) Select 1 valid and reliable screening, formative, and

diagnostic reading assessment system from the assessment systems

approved by the department under subsection (1)(a). A school

district or public school academy shall use this assessment system

for pupils in grades K to 3 to screen and diagnose difficulties,

inform instruction and intervention needs, and assess progress

toward a growth target. A school district or public school academy

periodically shall assess a pupil's progress in reading skills at

least 3 times per school year in grades K to 3. The first of these

assessments for a school year shall must be conducted within the

first 30 school days of the school year.

(b) For any pupil in grades K to 3 who exhibits a reading

deficiency at any time, based upon the reading assessment system

selected and used under subdivision (a), provide an individual

reading improvement plan for the pupil within 30 days after the

identification of the reading deficiency. The individual reading

improvement plan shall must be created by the pupil's teacher,

school principal, and parent or legal guardian and other pertinent

school personnel, and shall must describe the reading intervention

services the pupil will receive to remedy the reading deficiency. A

school district or public school academy shall provide intensive

reading intervention for the pupil in accordance with the

individual reading improvement plan until the pupil no longer has a

reading deficiency.

early literacy delay or reading deficiency, provide written notice

to the pupil's parent or legal guardian of the delay or reading

deficiency in writing and provide tools to assist the parent or

legal guardian to engage in intervention and to address or correct

any reading deficiency at home.

(d) Require a school principal or chief administrator to do

all of the following:

(i) For a teacher in grades K to 3, target specific areas of

professional development based on the reading development needs

data for incoming pupils.

(ii) Differentiate and intensify professional development for

teachers based on data gathered by monitoring teacher progress in

improving pupil proficiency rates among their pupils.

(iii) Establish a collaborative system within the school to

improve reading proficiency rates in grades K to 3.

(iv) Ensure that time is provided for teachers to meet for

professional development.

(e) Utilize, at least, early literacy coaches provided through

the intermediate school district in which the school district or

public school academy is located, as provided for under section

35a(4) of the state school aid act of 1979, MCL 388.1635a. However,

a public school academy may use an early literacy coach provided by

the public school academy, at the expense of the public school

academy, rather than using an early literacy coach provided through

an intermediate school district if the early literacy coach and the

usage of the early literacy coach otherwise meet the requirements

of this section.

(3) Subject to subsection (14), a school district or public

school academy shall provide reading intervention programs for

pupils in grades K to 3, including at least all of the following:

(a) For pupils who exhibit a reading deficiency, a reading

intervention program intended to ensure that pupils are proficient

readers by the end of grade 3 and that includes some or all of the

following features:

(i) Is provided to each pupil in grades K to 3 who is

identified with a reading deficiency based on screening and

diagnostic tools, and identifies and addresses the pupil's reading

deficiency.

(ii) Periodically screens and monitors the progress of each

pupil's reading skills, at least 3 times per year.

(iii) Provides evidence-based core reading instruction that is

comprehensive and meets the majority of the general education

classroom needs.

(iv) Provides reading intervention that meets, at a minimum,

the following specifications:

(A) Assists pupils exhibiting a reading deficiency in

developing the ability to read at grade level.

(B) Provides intensive development in the 5 major reading

components: phonemic awareness, phonics, fluency, vocabulary, and

comprehension.

(D) Is implemented during regular school hours in addition to

regular classroom reading instruction.

(v) Provides parents, legal guardians, or other providers of

care for the pupil with a "Read at Home" plan, including parent,

guardian, or care provider training workshops and regular home

reading.

(vi) Documents efforts by the pupil's school to engage the

pupil's parent or legal guardian and whether or not those efforts

were successful.

(vii) Documents any dissenting opinions expressed by school

personnel or a parent or legal guardian concerning the individual

reading improvement plan provided for the pupil under subsection

(2)(b).

(b) For grade 3 pupils exhibiting a reading deficiency as

determined by the pupil's teacher through the diagnostic reading

assessment system selected by the school district or public school

academy under subsection (2)(a), a reading intervention program

intended to correct the identified area or areas of reading

deficiency and that includes all of the following features as

needed by the individual pupil:

(i) Is evidence-based and has proven results in accelerating

pupil reading achievement within the same school year.

(ii) Provides more dedicated time than the pupil's previous

school year in evidence-based reading instruction and intervention.

(iii) Provides daily targeted small group or 1-to-1 reading

intervention based on pupil needs as determined by assessment data,

including explicit and systematic instruction with more detailed

and varied explanations, more extensive opportunities for guided

practice, and more opportunities for error correction and feedback.

(iv) Provides administration of ongoing progress monitoring

assessments to frequently monitor pupil progress.

(v) Provides supplemental evidence-based reading intervention

delivered by a teacher, tutor, or volunteer with specialized

reading training that is provided before school, after school,

during school hours but outside of regular English language arts

classroom time, or any combination of these.

(vi) Provides parents, legal guardians, or other providers of

care for a pupil with a "Read at Home" plan, including parent,

guardian, or care provider training workshops and regular home

reading.

(vii) Documents efforts by the pupil's school to engage the

pupil's parent or legal guardian and whether or not those efforts

were successful.

(viii) Documents any dissenting opinions expressed by school

personnel or a parent or legal guardian concerning the individual

reading improvement plan provided for the pupil under subsection

(2)(b).

English language learners by the pupil's teacher or by the

diagnostic reading assessment selected by the school district or

public school academy under subsection (2)(a), intervention

services that include at least all of the following:

(i) Ongoing assessments that provide actionable data for

teachers to use in interventions.

(ii) Instruction in academic vocabulary.

(iii) Instruction in the 5 major reading components listed in

subdivision (a)(iv)(B).

(iv) Common English language development strategies such as

modeling, guided practice, and comprehensive input.

(4) For all pupils exhibiting a reading deficiency as

determined by the pupil's teacher through the diagnostic reading

assessment system selected by the school district or public school

academy under subsection (2)(a), school districts and public school

academies are encouraged to offer summer reading camps staffed with

highly effective teachers of reading, as determined by the teacher

evaluation system under section 1249, providing reading

intervention services and supports to correct pupils' identified

areas of reading deficiency.

(5) Beginning with pupils enrolled in grade 3 during the 2019-

2020 school year, all of the following apply:

(a) Subject to subsection subsections (6) and (8), the

superintendent of the school district or chief administrator of the

public school academy in which the pupil is enrolled shall ensure

that a pupil whose parent or legal guardian has been provided with

the notification under subdivision (d) is not enrolled in grade 4

until 1 of the following occurs:

(i) The pupil achieves a reading score that is less than 1

grade level behind as determined by the department based on the

grade 3 state English language arts assessment.

(ii) The pupil demonstrates a grade 3 reading level through

performance on an alternative standardized reading assessment

approved by the superintendent of public instruction.

(iii) The pupil demonstrates a grade 3 reading level through a

pupil portfolio, as evidenced by demonstrating competency in all

grade 3 state English language arts standards through multiple work

samples.

(b) Subject to subsection (6), if a child younger than 10

years of age seeks to enroll for the first time in a school

district or public school academy in grade 4, the superintendent of

the school district or chief administrator of the public school

academy shall not allow the child to enroll in grade 4 unless 1 of

the following occurs:

(i) The child achieves a grade 3 reading score as determined

by the department based on the reading portion of the grade 3 state

English language arts assessment.

(ii) The child demonstrates a grade 3 reading level through

performance on an alternative standardized reading assessment

approved by the superintendent of public instruction.

(iii) The child demonstrates a grade 3 reading level through a

pupil portfolio, as evidenced by demonstrating competency in all

grade 3 state English language arts standards through multiple work

samples.

days after the department finalizes the scoring for the grade 3

state assessments, whichever is earlier, the department shall

provide CEPI with the grade 3 state assessment scores for every

grade 3 pupil enrolled in a public school in this state who was

administered 1 or more of those assessments.

(d) Not later than June 1 of each year or not later than 14

days after CEPI receives the grade 3 state assessment results from

the department under subdivision (c), whichever is earlier, using

those state assessment results, CEPI shall identify each pupil

completing grade 3 that year who is subject to not being advanced

to grade 4 due to the operation of subdivision (a)(i) and who is

not eligible to enroll in grade 4 under subsection (6)(a), and

shall notify the parent or legal guardian and the school district

or public school academy of each of these pupils that the pupil is

subject to being retained in grade 3. A school district or public

school academy may also make its own notification to a parent or

guardian in addition to the notification by CEPI. The notification

by CEPI to a parent or legal guardian shall must be by certified

mail. The notification by CEPI shall must clearly state at least

all of the following:

(i) That, based on standardized testing, this state has

determined that the pupil may be required to be retained in grade 3

as provided under state law, with a reference to this section along

with an explanation that even if the pupil is not eligible to

enroll in grade 4 based on state assessments, the pupil may still

be allowed to enroll in grade 4 if he or she demonstrates a grade 3

reading level through performance on an alternative standardized

reading assessment or through a pupil portfolio.

(ii) That the parent or legal guardian has the right to

request a good cause exemption under this section that, if granted,

will allow the pupil to enroll in grade 4 in the next school year.

(iii) That the parent or legal guardian must request the good

cause exemption within 30 days after the date of the notification

by CEPI and must direct the request to the school district or

public school academy in which the parent or legal guardian intends

to enroll the pupil for grade 4.

(iv) That the parent or legal guardian has the right to

request a meeting with school officials to discuss the retention

requirement under state law and the standards and processes for a

good cause exemption from that requirement.

(e) If a parent or legal guardian receives a notification from

CEPI under subdivision (d), the parent or legal guardian may

request a meeting with school officials to discuss the retention

requirement under state law and the standards and processes for a

good cause exemption from that requirement. If a parent or legal

guardian requests a meeting described in this subdivision, the

school official to whom the request is made shall ensure that an

appropriate school official is made available to the parent or

legal guardian for such a meeting.

(f) If a pupil is not enrolled in grade 4 at the beginning of

a school year due to the operation of this subsection, then before

placing the child in grade 4 during the school year, an appropriate

school official of the pupil's school district or public school

academy shall provide written notification to the pupil's parent or

legal guardian of the proposed placement.

(6) Subject to subsection (11), if a pupil or child

demonstrates both of the following, then subsection (5)(a) and (b)

do not apply and he or she may be enrolled in grade 4:

(a) That he or she is proficient in all subject areas assessed

on the grade 3 state assessment other than English language arts,

as evidenced by his or her scores on those assessments.

(b) That he or she is proficient in science and social studies

as shown through a pupil portfolio and as determined by the teacher

who provided the grade 3 instruction to the pupil in science or

social studies, as applicable.

(7) For a pupil who is not promoted to grade 4 or a child who

is not enrolled in grade 4 due to the operation of subsection (5),

and for a pupil or child described in subsection (6) or (11), the

school district or public school academy shall provide a reading

intervention program that is intended to correct the pupil's

specific reading deficiency, as identified by a valid and reliable

assessment. This program shall must include effective instructional

strategies necessary to assist the pupil in becoming a successful

reader, and all of the following features, as appropriate for the

needs of the individual pupil:

(a) Assigning to a pupil 1 or more of the following:

(i) A highly effective teacher of reading as determined by the

teacher evaluation system under section 1249.

(ii) The highest evaluated grade 3 teacher in the school as

determined by the teacher evaluation system under section 1249.

(iii) A reading specialist.

(b) Reading programs that are evidence-based and have proven

results in accelerating pupil reading achievement within the same

school year.

pupil contact time each day that incorporates opportunities to

master the grade 4 state standards in other core academic areas, if

applicable.

(d) Daily targeted small group or 1-to-1 reading intervention

that is based on pupil needs, determined by assessment data, and on

identified reading deficiencies and that includes explicit and

systematic instruction with more detailed and varied explanations,

more extensive opportunities for guided practice, and more

opportunities for error correction and feedback.

(e) Administration of ongoing progress monitoring assessments

to frequently monitor pupil progress toward a growth target.

(f) Supplemental evidence-based reading intervention delivered

by a teacher or tutor with specialized reading training that is

provided before school, after school, during regular school hours

but outside of regular English language arts classroom time, or any

combination of these.

(g) Providing parents, legal guardians, or other providers of

care for the pupil with a "Read at Home" plan, including parent,

guardian, or care provider training workshops and regular home

reading.

(8) If the superintendent of the pupil's school district or

chief administrator of the pupil's public school academy, or his or

her designee, grants a good cause exemption from the requirements

of subsection (5)(a) for a pupil, then a pupil may be promoted to

grade 4 without meeting the requirements of subsection (5)(a). A

good cause exemption may be granted only according to the

procedures under subsection (10) and only for 1 of the following:

(a) The pupil is a student with an individualized education

program or with a section 504 plan and the pupil's individualized

education program team or section 504 coordinator, as applicable,

makes the decision to exempt the pupil from the requirements of

subsection (5)(a) based upon the team's or coordinator's knowledge

of the pupil.

(b) The pupil is a limited English proficient student who has

had less than 3 years of instruction in an English language learner

program.

2 or more years but still demonstrates a reading deficiency and was

previously retained in kindergarten, grade 1, grade 2, or grade 3.

(d) The pupil has been continuously enrolled in his or her

current school district or public school academy for less than 2

years and there is evidence that the pupil was not provided with an

appropriate individual reading improvement plan under subsection

(2)(b) by the school district or public school academy in which the

pupil was previously enrolled.

(e) The pupil's parent or legal guardian has requested a good

cause exemption within the time period provided under subsection

(10)(d) and the superintendent or chief administrator, or his or

her designee, determines that the good cause exemption is in the

best interests of the pupil.

(9) Subject to subsection (14), if a pupil is promoted to

grade 4 due to a good cause exemption granted under subsection (8),

the pupil remains eligible for reading intervention services

designed to enable the pupil to achieve proficiency in reading. The

services for a pupil described in this subsection shall must be

similar to those provided to pupils in grade 3 under this section.

(10) The superintendent of a school district or chief

administrator of a public school academy, or his or her designee,

shall grant a good cause exemption under subsection (8) only

through the following procedure:

(a) For a good cause exemption under subsection (8)(a) to (d),

at the request of the pupil's parent or legal guardian or upon the

teacher's own initiative, the pupil's grade 3 teacher submits to

the superintendent or chief administrator, or his or her designee,

a recommendation for a good cause exemption along with

documentation that indicates that a good cause exemption under

subsection (8)(a) to (d) applies to the pupil.

(b) For a pupil enrolled in a school operated by a school

district, the superintendent or his or her designee shall review

and discuss the recommendation with the pupil's grade 3 teacher

and, if the pupil has an individualized education program, with the

pupil's individualized education program team. After this

discussion, the superintendent or his or her designee shall make a

determination in writing of whether or not to grant the good cause

exemption for the pupil. The decision by the superintendent or his

or her designee is final.

administrator of the public school academy, or his or her designee,

shall review and discuss the recommendation with the pupil's grade

3 teacher and, if the pupil has an individualized education

program, with the pupil's individualized education program team.

After this discussion, the chief administrator or his or her

designee shall make a determination in writing of whether or not to

grant the good cause exemption for the pupil. The decision by the

chief administrator or his or her designee is final.

(d) For a pupil for whom a request has been received from the

pupil's parent or legal guardian, as described in subsection

(8)(e), if the request is received within 30 days after the

notification by CEPI under subsection (5)(d), the superintendent of

the school district or chief administrator of the public school

academy, as applicable, or his or her designee, shall review the

request and any supporting information and shall consider whether

or not the good cause exemption is in the best interests of the

pupil. After this consideration, he or she shall make a

determination in writing of whether or not to grant the good cause

exemption. This determination shall must be made and communicated

to the parent or legal guardian at least 30 days before the first

day of school for the school year. The decision of the

superintendent or chief administrator, or his or her designee, is

final.

(e) The superintendent of the pupil's school district or chief

administrator of the pupil's public school academy, or his or her

designee, shall notify the pupil's parent or legal guardian of the

determination and decision under subdivision (b), (c), or (d), as

applicable.

(11) For a pupil or child described in subsection (6) or a

pupil who has been granted a good cause exemption under subsection

(8), the school district or public school academy shall provide

intensive reading intervention, as described under subsection (7),

for the pupil until he or she no longer has a reading deficiency.

(12) A school district or public school academy shall not

require a pupil to repeat grade 3 more than once due to the

operation of this section.

(13) Beginning June 4, 2019, if a school district or public

school academy cannot furnish the number of teachers needed to

satisfy 1 or more of the criteria set forth in this section for a

school year, then by the August 15 before the beginning of that

school year the school district or public school academy shall

develop a staffing plan for providing services under this section.

The school district or public school academy shall post the

staffing plan on its website for the applicable school year. The

staffing plan shall must include at least all of the following:

(a) A description of the criteria that will be used to assign

a pupil who has been identified as not proficient in English

language arts to a teacher.

(b) The credentials or training held by teachers currently

teaching at the school.

the requirements under this section.

(14) This section does not require or state an intention to

require a school district or public school academy to supplant

state funds with federal funds for implementing or supporting the

activities under this section and does not prohibit a school

district or public school academy from continuing to use federal

funds for any of the purposes or activities described in this

section.

(15) For pupils identified as English language learners by the

pupil's teacher or by the diagnostic reading assessment selected by

the school district or public school academy under subsection

(2)(a), if available staff resources allow, a school district or

public school academy is encouraged to provide the following

intervention services in addition to those required under

subsection (3)(c):

(a) Instruction in the pupil's native language, with

withdrawal of that instruction as appropriate as the pupil improves

his or her English language skills. A school district or public

school academy is encouraged to provide this support for at least

pupils whose native language is Spanish, Chinese, Hindi, Korean, or

Arabic.

(b) Opportunities for speech production.

modeling, guided practice, and comprehensive input.

(d) Feedback for the pupil, including explanations in his or

her native language.

(16) If, based upon the reading assessment system selected and

used under subsection (2)(a), a pupil displays characteristics of

dyslexia, the school district or public school academy shall do all

of the following:

(a) Notify the pupil's parent or legal guardian in writing of

the pupil's display of characteristics of dyslexia.

(b) Provide information and resource material regarding

dyslexia to the pupil's parent or legal guardian.

intervention.

(d) Monitor the pupil's progress using a tool designed to

measure the effectiveness of the intervention described under

subdivision (c).

(17) If, based upon the reading assessment system selected

under subsection (2)(a), it is determined that the pupil has

functional difficulties in the academic environment due to

dyslexia, the necessary accommodations or equipment must be

provided for the pupil under section 504 of title V of the

rehabilitation act of 1973, 29 USC 794, and subtitle A of title II

of the Americans with disabilities act of 1990, 42 USC 12131 to

12134.

(18) (16) Beginning in 2020, not later than September 1 of

each year, a school district or public school academy shall submit

a retention report to the center for educational performance and

information in the form and manner prescribed by the center. The

retention report shall contain at least all of the following

information for the most recent school year:

(a) The number of pupils retained in grade 3 due to the

operation of this section.

(b) The number of pupils promoted to grade 4 due to a good

cause exemption under subsection (8), disaggregated by each of the

specific exemptions listed in that subsection.

(19) (17) As used in this section:

(a) "Evidence-based" means based in research and with proven

efficacy.

(b) "Individualized education program" means that term as

described in R 340.1721e of the Michigan administrative

code.Administrative Code.

commonly referred to as "young 5s" or "developmental kindergarten".

(d) "Reading deficiency" means scoring below grade level or

being determined to be at risk of reading failure based on a

screening assessment, diagnostic assessment, standardized summative

assessment, or progress monitoring.

(e) "Reading leadership team" means a collaborative system led

by a school building's principal or program director and consisting

of a cross-section of faculty who are interested in working to

improve literacy instruction across the curriculum.

(f) "Section 504 plan" means a plan under section 504 of title

V of the rehabilitation act of 1973, 29 USC 794.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No.____ or House Bill No. 6605 (request no.

05961'18) of the 99th Legislature is enacted into law.