HB-4822, As Passed House, October 15, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4822

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1280f.

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 provide a screening

assessment, progress monitoring capabilities, 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.

(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 research-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 research-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

research-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 (11), beginning in the 2016-2017

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. A

school district or public school academy periodically shall assess

a pupil's progress in reading skills in grades K to 3, at least 3

times per school year. The first of these assessments for a school

year shall 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 reading improvement

plan shall be created by the pupil's teacher, school principal, and

parent or legal guardian and other pertinent school personnel, and

shall 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(5) of the state school aid act of 1979, MCL 388.1635a, and

using the early literacy coach model recommended or developed by

the department under subsection (1)(b).

(f) Identify how to best monitor the implementation and

effectiveness of the early literacy coach model recommended or

developed by the department under subsection (1)(b) and assure

communication between the central office, school administration,

and the early literacy coach throughout the school year to address

areas of concern.

(3) Subject to subsection (11), 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

House Bill No. 4822 as amended October 15, 2015

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.

[(C) Is systematic, explicit, multisensory, and sequential.

(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.

(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.

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) Access to instruction in the pupil's native language, as

House Bill No. 4822 as amended October 15, 2015

available, 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.

(ii) Ongoing assessments that provide actionable data for

teachers to use in interventions.

(iii) Instruction in academic vocabulary.

(iv) Opportunities for speech production.

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

subdivision (a)(iv)(B).

(vi) Specific instruction connecting the pupil's native

language and English.

(vii) Common English language development strategies such as

modeling, guided practice, and comprehensive input.

(viii) Feedback for the pupil, including explanations in his

or her native language.

(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-

House Bill No. 4822 as amended October 15, 2015

2020] school year, all of the following apply:

(a) 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 is not promoted to 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. [The department shall

complete the scoring of the grade 3 state English language arts assessment, and release the results of the assessment, by June 1 of each year.]

(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) 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 reading score that is less than 1

grade level behind 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.

House Bill No. 4822 as amended October 15, 2015

(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.

grade 4 due to the operation of this subsection and the pupil has

demonstrated proficiency in mathematics, science, writing, or

social studies as determined by the grade 3 state assessment in the

applicable subject area or by the pupil's grade 3 reading teacher,

the board of the school district or board of directors of the

public school academy shall ensure that the pupil is provided with

instruction commensurate with the pupil's achievement level in that

specific subject area. This instruction may be given in a grade 4

classroom setting.

(d) 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 notify the

pupil's parent or legal guardian of the proposed placement and

obtain the written consent of the pupil's parent or legal guardian

for the proposed placement.

(6) For pupils who are not promoted to grade 4 or children who

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

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 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.

(f) Supplemental evidence-based reading intervention delivered

by a teacher or tutor with specialized reading training that is

House Bill No. 4822 as amended October 15, 2015

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.

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

chief administrator of the pupil's public school academy 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 (9)

and only for 1 of the following:

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

program whose individualized education program team [makes the decision

to exempt the pupil from the retention requirements of subsection (5)(a)

based upon the team's knowledge of the pupil. This subdivision may also

be applied to a pupil with a section 504 plan.

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

House Bill No. 4822 as amended October 15, 2015

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

program.

[(C)] The pupil has received intensive reading intervention for

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

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

(8) Subject to subsection (11), if a pupil is promoted to

grade 4 due to a good cause exemption granted under subsection (7),

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 be similar

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

(9) The superintendent of a school district or chief

administrator of a public school academy shall grant a good cause

exemption under subsection (7) only through the following

procedure:

(a) 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 principal or other chief administrator of the

pupil's school a recommendation for a good cause exemption along

with documentation that indicates that a good cause exemption under

subsection (7) applies to the pupil.

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

district, the principal of the pupil's school 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

principal shall make a determination in writing of whether or not

to recommend that the good cause exemption be granted for the

pupil. If the principal determines to recommend that the good cause

exemption be granted, he or she shall submit that recommendation to

the superintendent of the school district. The superintendent of

the school district shall accept or reject the principal's

recommendation in writing, and the superintendent's decision to

grant or deny the exemption is final.

administrator of the public school academy 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 shall make a determination in writing of

whether or not to grant the good cause exemption for the pupil. The

chief administrator's decision is final.

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

administrator of the pupil's public school academy shall notify the

pupil's parent or legal guardian of the determination and decision

under subdivision (b) or (c), as applicable.

(10) 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.

(11) 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.

(12) As used in this section:

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

described in R 340.1721e of the Michigan administrative code.

(b) "Kindergarten" includes a classroom for young 5-year-olds,

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

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

screening assessment, diagnostic assessment, standardized summative

assessment, or progress monitoring.

(d) "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.

(e) "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.