August 18, 2015, Introduced by Reps. Price, Kelly, Zemke, Crawford, Yonker, Franz, Garcia, Santana, Lyons, Poleski, Cox, Runestad, Chatfield, Callton, Tedder, Greimel and Schor and referred to the Committee on Education.
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.
(C) The timeliness in reporting assessment results to
teachers, administrators, and parents.
(b) Develop a process to allow pupils to retake the grade 3
reading assessment as allowed under subsection (11).
(c) Recommend or develop a reading/literacy coach model with
the following features:
(i) A reading/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.
(C) Providing differentiated instruction and intensive
intervention.
(D) Using progress monitoring.
(E) Diagnosing and addressing barriers to reading.
(ii) A reading/literacy coach shall also do all of the
following:
(A) Model effective instructional strategies for teachers.
(B) Facilitate study groups.
(C) Train teachers in data analysis and using data to
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 barriers to
reading.
(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), a reading/literacy coach shall not be asked to
perform administrative functions that will confuse his or her role
for teachers.
(iv) A reading/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.
(C) Have a strong knowledge base in working with adults.
(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) A reading/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 (12), 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 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 be conducted within the first 30 school days of the school
year.
(b) For any pupil in grades K to 3 who exhibits a deficiency
in reading 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 deficit. 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 deficiency in reading.
(c) If a pupil in grades K to 3 is identified as having an
early literacy delay or barrier to reading, provide written notice
to the pupil's parent or legal guardian of the delay or barrier to
reading in writing and provide tools to assist the parent or legal
guardian to engage in intervention and to address or correct any
barrier to reading at home.
(d) Submit early literacy data to the department annually in
the form and manner prescribed by the department.
(e) 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.
(f) Employ reading/literacy coaches, using the
reading/literacy coach model recommended or developed by the
department under subsection (1)(c).
(g) Identify how to best monitor the implementation and
effectiveness of the reading/literacy coach model recommended or
developed by the department under subsection (1)(c) and assure
communication between the central office, school administration,
and the reading/literacy coach throughout the school year to
address areas of concern.
(3) Subject to subsection (12), 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 barriers
to reading.
(ii) Screens and monitors the progress of each pupil's reading
skills at least 3 times per year.
(iii) Provides highly effective 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) Provides initial and ongoing analysis of each pupil's
reading progress.
(D) Is implemented during regular school hours in addition to
regular classroom reading instruction.
(v) Provides parents and legal guardians with a "Read at Home"
plan outlined in a parental contract, including participation in
parent and guardian training workshops and regular parent-guided or
guardian-guided home reading.
(b) For grade 3 pupils who do not achieve a grade 3 reading
level score as determined by the department based on the reading
portion of the grade 3 state English language arts assessment, 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 scientifically research-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 research-based reading instruction and intervention.
(iii) Provides daily targeted small group and 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 research-based reading intervention
delivered by a teacher or tutor 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 and legal guardians with a "Read at
Home" plan outlined in a parental contract, including participation
in parent and guardian training workshops and regular parent-guided
or guardian-guided home reading.
(4) For all grade 3 pupils who do not achieve a grade 3
reading level score as determined by the department based on the
reading portion of the grade 3 state English language arts
assessment, 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 2016-
2017 school year, all of the following apply:
(a) If a pupil enrolled in grade 3 in a school district or
public school academy is rated 1 full grade level or more behind in
reading, as determined by the department based on the reading
portion of the grade 3 state English language arts assessment, the
board of the school district or board of directors of the public
school academy in which the pupil is enrolled shall ensure that the
pupil is not enrolled in grade 4 until 1 of the following occurs:
(i) The pupil achieves a grade 3 level reading score 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 mastery of 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 board of the school district or board of directors 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 level 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 mastery of all grade
3 state English language arts standards through multiple work
samples.
(c) Subject to subsection (12), if a pupil is not enrolled in
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.
(6) For pupils who are not advanced 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, and address any barriers to reading. 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) A reduced pupil-teacher ratio or 1-to-1 reading
intervention with a volunteer.
(b) Assigning to the pupil a highly effective teacher of
reading as determined by the teacher evaluation system under
section 1249, the highest evaluated teacher in the school as
determined by that system, or a reading specialist.
(c) Reading programs that are research-based and have proven
results in accelerating pupil reading achievement within the same
school year.
(d) Reading instruction and intervention for the majority of
pupil contact time each day that incorporates opportunities to
master the grade 4 state standards in other core academic areas.
(e) Daily targeted small group or 1-to-1 reading intervention
that is based on pupil needs, determined by assessment data, and on
diagnosed barriers to reading 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.
(f) Administration of ongoing progress monitoring assessments
to frequently monitor pupil progress.
(g) Supplemental research-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.
(h) Provides parents and legal guardians with a "Read at Home"
plan outlined in a parental contract, including participation in
parent and guardian training workshops and regular parent-guided or
guardian-guided 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 advanced 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 determines that
the pupil is ineligible to take the standard grade 3 state
assessment, or the MI-Access assessment or any similar alternative
state assessment, according to his or her individualized education
program.
(b) The pupil is a limited English proficient student who has
had less than 2 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 deficiency in reading and
was previously retained in kindergarten, grade 1, grade 2, or grade
3.
(8) Subject to subsection (12), if a pupil is enrolled in
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. The documentation shall
consist only of a statement identifying the good cause exemption
being requested, the existing reading improvement plan or
individualized education program for the pupil, and the alternative
assessment results or pupil portfolio results for the pupil, as
applicable.
(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.
(c) For a pupil enrolled in a public school academy, the chief
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) With the agreement of the pupil's teacher and the pupil's
parent or legal guardian, a pupil may retake the grade 3 state
English language arts assessment before grade 4 to attempt to
achieve a score in reading indicating that the pupil is less than 1
grade level behind, as determined by the department, for the
purposes of this section. Also, with the agreement of the pupil's
parent or legal guardian, a pupil described in subsection (8) may
retake the grade 3 state English language arts assessment after
advancing to grade 4 to determine if the pupil has achieved a score
in reading indicating that the pupil is less than 1 grade level
behind, as determined by the department, for the purposes of
determining continued eligibility for reading intervention services
under this section.
(12) A school district or public school academy shall
prioritize its state school aid funding, general funds, and any
federal funds available for these purposes to implement and support
activities under this section. 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.
(13) As used in this section:
(a) "Barrier to reading" means a physical, emotional, or
developmental impediment to a pupil's ability to read at grade
level.
(b) "Individualized education program" means that term as
described in R 340.1721e of the Michigan administrative code.
(c) "Kindergarten" includes a classroom for young 5-year-olds,
commonly referred to as "young 5s" or "developmental kindergarten".
(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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.