October 19, 2017, Introduced by Reps. Clemente, Sneller, Camilleri, Brinks, Faris, Pagan, Hoadley, Sowerby, Hammoud, Schor, Chang, Lasinski, Geiss and Zemke 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,
and by adding section 1280g.
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, 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.
(C) The timeliness in reporting assessment results to
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.
(C) Providing differentiated instruction and intensive
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.
(C) Train teachers in data analysis and using data to
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.
(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
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 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. However, beginning in the
2018-2019 school year, for a pupil in kindergarten who exhibits a
reading deficiency under this section or a reading difficulty,
deficiency, or disability under section 1280g, the pupil's teacher
may delay the provision of an individual reading improvement plan
until the second administration of a reading assessment under
subdivision (a) if the teacher believes, in his or her professional
judgment, that the pupil will mitigate the reading deficiency,
difficulty, or disability, as applicable, without being provided an
individual reading improvement plan. The individual 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.
(c) If a pupil in grades K to 3 is identified as having an
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.
(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.
(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).
(c) Subject to subsection (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), 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 (6), 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.
(c) Not later than May 23 of each year or not later than 14
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 be by certified mail.
The notification by CEPI shall 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 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.
(c) 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, 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.
(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.
(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 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.
(c) For a pupil enrolled in a public school academy, the chief
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 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 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.
(c) How the school district or public school academy will meet
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.
(c) Common English language development strategies such as
modeling, guided practice, and comprehensive input.
(d) Feedback for the pupil, including explanations in his or
her native language.
(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.
(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.
(c) "Kindergarten" includes a classroom for young 5-year-olds,
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.
Sec. 1280g. (1) Beginning in the 2018-2019 school year, the
board of a school district or board of directors of a public school
academy may provide an individual reading improvement plan to any
pupil enrolled in a school operated by the district or public
school academy who meets at least 1 of the following:
(a) Has been identified by a teacher as exhibiting an
indication of a reading difficulty, deficiency, or disability at
any time during an observation or other assessment.
(b) As the result of an observation or other assessment, has
been determined to have a reading difficulty, deficiency, or
disability.
(2) An individual reading improvement plan provided under this
section must be implemented in the same manner as the reading
improvement plan described under section 1280f(2)(b).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.