SB1461 - 521R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-211, Arizona Revised Statutes, is amended to read:

START_STATUTE15-211. K-3 reading program; receipt and use of monies; additional funding; program termination

A. The state board of education, in collaboration with the department of education, shall establish a K‑3 reading program to improve the reading proficiency of pupils in kindergarten programs and grades one, two and three in the public schools of this state.

B. On or before October 1, 2012, each school district and charter school shall submit to the state board of education a plan for improving the reading proficiency of its pupils in kindergarten programs and grades one, two and three. The plan shall include baseline data on the reading proficiency of its pupils in kindergarten programs and grades one, two and three and a budget for spending monies from both the K‑3 support level weight and the K‑3 reading support level weight established in section 15‑943. Beginning in fiscal year 2013‑2014 and each fiscal year thereafter, each school district and charter school shall submit to the state board of education on or before October 1 an updated K‑3 reading program plan that includes data on program expenditures and results.

C. School districts and charter schools shall use monies generated by the K‑3 reading support level weight established in section 15‑943 only on reading programs for pupils in kindergarten programs and grades one, two and three with particular emphasis on pupils in kindergarten programs and grades one and two.

D. Each school district and charter school that is assigned a letter grade of C, D or F pursuant to section 15‑241, subsection H or that has more than ten per cent percent of its pupils in grade three reading far below the third grade level according to the reading portion of the Arizona instrument to measure standards test, or a successor test, shall receive monies generated by the K‑3 reading support level weight established in section 15‑943 only after the K‑3 reading program plan of the school district or charter school has been approved by the state board of education in compliance with sections 15-701, 15-701.01, 15-702, 15-703 and 15-704.

E. Pupils in a charter school that is in its first year of operation and that is sponsored by the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts are eligible for the K-3 reading support level weight.

F. The department of education shall solicit gifts, grants and donations from any lawful public or private source in order to provide additional funding for the K‑3 reading program.

G. The program established by this section ends on July 1, 2022 pursuant to section 41‑3102. END_STATUTE

Sec. 2. Section 15-701, Arizona Revised Statutes, is amended to read:

START_STATUTE15-701. Common school; promotions; requirements; certificate; supervision of eighth grades by superintendent of high school district; high school admissions; academic credit

A. The state board of education shall:

1. Prescribe a minimum course of study, as defined in section 15‑101 and incorporating the academic standards adopted by the state board of education, to be taught in the common schools.

2. Prescribe competency requirements for the promotion of pupils from the eighth grade and competency requirements for the promotion of pupils from the third grade incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies. Notwithstanding section 15‑521, paragraph 4, the competency requirements for the promotion of pupils from the third grade shall include the following:

(a) A requirement that a pupil not be promoted from the third grade if the pupil obtains a score on the reading portion of the Arizona instrument to measure standards test, or a successor test, that demonstrates that the pupil's reading falls far below the third grade level or the equivalent as established by the board. A pupil may not be retained if data regarding the pupil's performance on the Arizona instrument to measure standards test, or a successor test, is not available before the start of the following academic year. A pupil who is not retained due to the unavailability of test data must receive intensive reading intervention and remedial strategies pursuant to subdivision (c) of this paragraph if the third grade assessment data subsequently demonstrates that the pupil's reading ability falls far below the third grade level or the equivalent.

(b) A mechanism to allow a school district governing board or the governing body of a charter school to promote a pupil from the third grade who obtains a score on the reading portion of the Arizona instrument to measure standards test, or a successor test, that demonstrates that the pupil's reading falls far below the third grade level for any of the following:

(i) A good cause exemption if the pupil is an English learner or a limited English proficient student as defined in section 15‑751 and has had fewer than two years of English language instruction.

(ii) A pupil who is a child with a disability as defined in section 15‑761 if the pupil's individualized education program team and the pupil's parent or guardian agree that promotion is appropriate based on the pupil's individualized education program.

(iii) A pupil who has been identified with dyslexia as defined in section 15-704, if the pupil with dyslexia received at least ten hours of intensive reading intervention as defined in section 15-704.

(c) Intensive reading intervention and remedial strategies developed by the state board of education for pupils who are not promoted from have been retained and must repeat the third grade. A school district governing board or the governing body of a charter school shall offer at least one of the intervention intensive reading interventions as defined in section 15-704 and remedial strategies developed by the state board of education. The parent or guardian of a pupil who is not promoted from the third grade and the pupil's teacher and principal may choose the most appropriate intensive reading intervention and remedial strategies that will be provided to that pupil. The intensive reading intervention and remedial strategies developed by the state board of education shall include:

(i) A requirement that the pupil be assigned to a different teacher for reading instruction, unless otherwise requested by the pupil's parent or guardian.

(ii) Summer school intensive reading instruction intervention.

(iii) In the next academic year, intensive reading instruction intervention that occurs before, during or after the regular school day, or any combination of before, during and after the regular school day.

(iv) Online reading instruction.

3. Provide for universal screening of pupils in preschool programs, kindergarten programs and grades one through three that is designed to identify pupils who have reading deficiencies pursuant to section 15‑704.

4. Develop intervention and remedial strategies pursuant to paragraph 2, subdivision (c) of this subsection for pupils in kindergarten programs and grades one through three who are identified as having reading deficiencies pursuant to based on the results of the universal reading screening instruments as defined in section 15‑704 using the essential components of reading instruction as defined in section 15‑704.

5. Distribute guidelines for the school districts to follow in prescribing criteria for the promotion of pupils from grade to grade in the common schools. These guidelines shall include recommended procedures for ensuring that the cultural background of a pupil is taken into consideration when criteria for promotion are being applied.

B. School districts and charter schools shall provide annual written notification to parents of pupils in kindergarten programs and first, second and third grades that a pupil who obtains a score on the reading portion of the Arizona instrument to measure standards test, or a successor test, that demonstrates the pupil is reading far below the third grade level will not be promoted from the third grade. If the school has determined that the pupil is substantially deficient in reading before the end of grade three, the school district or charter school shall provide to the parent of that pupil a separate written notification of the reading deficiency that includes the following information:

1. A description of the current reading services provided to the pupil.

2. A description of the available supplemental instructional services and supporting programs that are designed to remediate reading deficiencies. Each school district or charter school shall offer at least one intervention strategy and at least one remedial strategy for pupils with reading deficiencies. The notification shall list the intervention and remedial strategies offered and shall instruct the parent or guardian to choose the strategy that will be implemented for that child.

2. A description of the tiered system of supports as defined in section 15-704 designed to remediate the reading deficiencies.

3. Parental strategies to assist the pupil to attain reading proficiency.

4. A statement that the pupil will not be promoted from the third grade if the pupil obtains a score on the reading portion of the Arizona instrument to measure standards test, or a successor test, that demonstrates the pupil is reading far below the third grade level, unless the pupil is exempt from mandatory retention in grade three or the pupil qualifies for an exemption pursuant to subsection A of this section.

5. A description of the school district or charter school policies on midyear promotion to a higher grade.

C. If the school determines that a pupil is substantially deficient in reading based on the results of the assessments required in section 15‑704, the school district or charter school shall provide to the parent of that pupil a separate written notification of the reading deficiency that includes the following information:

1. A description of the current reading services provided to the pupil.

2. A description of the tiered system of supports as defined in section 15-704 designed to remediate reading deficiencies.

3. Parental strategies to assist the pupil to attain reading proficiency.

4. A statement that the pupil will not be promoted from the third grade if the pupil obtains a score on the reading portion of the arizona instrument to measure standards test, or a successor test, that demonstrates the pupil is reading far below the third grade level, unless the pupil is exempt from mandatory retention in grade three or the pupil qualifies for an exemption pursuant to subsection a of this section.

C. D. Pursuant to the guidelines that the state board of education distributes, the governing board of a school district and the governing body of a charter school shall:

1. Prescribe curricula that include the academic standards in the required subject areas pursuant to subsection A, paragraph 1 of this section.

2. Prescribe criteria for the promotion of pupils from grade to grade in the common schools in the school district. These criteria shall include accomplishment of the academic standards in at least reading, writing, mathematics, science and social studies, as determined by district assessment. Other criteria may include additional measures of academic achievement and attendance.

D. E. The governing board or governing body may prescribe the course of study and competency requirements for promotion that are in addition to or higher than the course of study and competency requirements the state board prescribes.

E. F. A teacher shall determine whether to promote or retain a pupil in grade in a common school as provided in section 15‑521, paragraph 4 on the basis of the prescribed criteria, including the criteria prescribed in this section and in section 15‑704. The governing board, if it reviews the decision of a teacher to promote or retain a pupil in grade in a common school as provided in section 15‑342, paragraph 11, shall base its decision on the prescribed criteria, including the criteria prescribed in this section and in section 15‑704.

F. G. A governing board may provide and issue certificates of promotion to pupils whom it promotes from the eighth grade of a common school. Such certificates shall be signed by the principal or superintendent of schools. Where there is no principal or superintendent of schools, the certificates shall be signed by the teacher of an eighth grade. The certificates shall admit the holders to any high school in the state.

G. H. Within any high school district or union high school district, the superintendent of the high school district shall supervise the work of the eighth grade of all schools employing no superintendent or principal.

H. I. A school district shall not deny a pupil who is between the ages of sixteen and twenty‑one years admission to a high school because the pupil does not hold an eighth grade certificate. Governing boards shall establish procedures for determining the admissibility of pupils who are under sixteen years of age and who do not hold eighth grade certificates.

I. J. The state board of education shall adopt rules to allow common school pupils who can demonstrate competency in a particular academic course or subject to obtain academic credit for the course or subject without enrolling in the course or subject.

J. K. A school district may conduct a ceremony to honor pupils who have been promoted from the eighth grade. END_STATUTE

Sec. 3. Section 15-704, Arizona Revised Statutes, is amended to read:

START_STATUTE15-704. Reading proficiency; definitions

A. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall select and administer universal reading screening, instruments and ongoing diagnostic and classroom based instructional reading assessments, including a motivational assessment, as defined by the state board of education, to monitor student progress. Each school shall use the diagnostic information to plan appropriate and effective intervention develop a tiered system of supports that is validated by scientifically based reading research.

B. Each school district or charter school that provides instruction for pupils in kindergarten programs and grades one through three shall conduct a curriculum evaluation and adopt a scientifically based reading curriculum that includes the essential components of reading instruction. All school districts and charter schools that offer instruction in kindergarten programs and grades one through three shall provide ongoing teacher training based on scientifically based reading research in the essential components of reading instruction as defined in this section.

C. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall devote reasonable amounts of time to explicit instruction and independent reading in grades one through three provide daily instruction using the essential components of reading instruction as defined in this section. Pupils who perform significantly below average on one or more subtests of a universal reading screening instrument or who demonstrate academic difficulty in a classroom environment, or both, shall be referred for a comprehensive reading evaluation to determine the presence of a reading disability or dyslexia. If after an evaluation a pupil is determined to have dyslexia, the pupil shall be provided intensive reading intervention that also includes multisensory instruction.

D. A pupil in grade three who does not meet or exceed the reading standards measured by the Arizona instrument to measure standards test, or a successor test, administered pursuant to section 15‑741 shall be provided intensive reading instruction as defined by the state board of education intervention until the pupil meets these standards.

E. The governing board of each school district and the governing body of each charter school shall determine the percentage of pupils at each school in grade three who do not meet the reading standards prescribed by the state board of education and measured by the Arizona instrument to measure standards test, or a successor test, administered pursuant to section 15‑741. If more than twenty per cent percent of students in grade three at either the individual school level or at the school district level do not meet the standards, the governing board or governing body shall conduct a review of its reading program that includes curriculum and professional development in light of current, scientifically based reading research and the essential components of reading instruction.

F. Based on the review required in subsection E of this section, the governing board or governing body and the school principal of each school that does not meet the reading standards, in conjunction with school council members, if applicable, shall develop methods of best practices for teaching reading based on essential components of reading instruction and supported by scientifically based reading research. These methods shall be adopted at a public meeting and shall be implemented the following academic year.

G. Subsections E and F of this section shall be coordinated with efforts to develop and implement an improvement plan if required pursuant to section 15‑241.

H. Notwithstanding any other law, any monies appropriated to the state board of education or the department of education for intensive reading intervention in kindergarten programs and grades one through three shall be used only for reading assessments and a tiered system of supports as prescribed in this section.

I. Notwithstanding any other law, if a school district or charter school fails to comply with any provision of this section, the department of education, in consultation with the state board of education, shall withhold any monies that the school district or charter school would otherwise receive pursuant to this section.

H. J. For the purposes of this section:

1. "Comprehensive reading evaluation" means an evaluation that is conducted by a licensed professional, such as a psychologist, school psychologist, neuropsychologist or speech language therapist, and that consists of all of the following:

(a) The following cognitive and linguistic correlates of dyslexia:

(i) Assessment of phonological awareness.

(ii) Assessment of rapid automatic naming.

(iii) Assessment of processing speed.

(iv) Orthographic coding.

(v) Memory span, including an assessment of working memory.

(b) The following assessments of decoding, encoding and reading fluency:

(i) Assessment of decoding and encoding.

(ii) Assessment of orthographic awareness.

(iii) Assessment of morphology.

(iv) Assessment of basic reading skills and spelling.

(v) Assessment of nonword reading and word spelling.

(vi) Assessment of reading fluency.

2. "Dyslexia" means a brain‑based learning difference that impairs a person's ability to read and spell, that is independent of intelligence and that typically causes a person to read at levels lower than expected.

1. 3. "Essential components of reading instruction" means explicit and systematic instruction in the following:

(a) Phonemic awareness.

(b) Phonics.

(d) Reading fluency.

(e) Reading comprehension.

4. "Intensive reading intervention" means scientifically based reading instruction that is provided:

(a) At least three times a week with at least thirty minutes per session, that is based on the essential components of reading instruction and that is provided either online or in groups of three or fewer students during the school year.

(b) At least four times a week, that is based on the essential components of reading instruction and that is provided either online or in groups of four or fewer students during the summer for a minimum of six weeks.

5. "Multisensory instruction" means a method of instruction that simultaneously engages at least two of the following sensory modalities:

(a) Visual.

(b) Auditory.

2. 6. "Reading" means a complex system of deriving meaning from print that requires all of the following:

(a) The skills and knowledge to understand how phonemes or speech sounds are connected to print.

(b) The ability to decode unfamiliar words.

(d) Sufficient background information and vocabulary to foster reading comprehension.

(e) The development of appropriate active strategies to construct meaning from print.

(f) The development and maintenance of a motivation to read.

3. 7. "Scientifically based reading research" means research that meets all of the following:

(a) Applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to reading development, reading instruction and reading difficulties.

(b) Employs systematic empirical methods that draw on observation or experiment.

(c) Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn.

(d) Relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations.

(e) Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective and scientific review.

(f) Contains all of the elements of the essential components of reading instruction.

8. "Tiered system of supports" means a response in which scientifically based instruction and intervention is delivered to a student in a manner that is directly related to the nature and severity of the student's difficulties as indicated by screening, progress monitoring and evaluation data.

9. "Universal reading screening instruments" means criterion‑referenced and standardized assessments that include:

(a) For kindergarten pupils:

(i) Rapid automatic naming.

(ii) Phonemic awareness to include real and nonsense words, phoneme segmentation fluency, nonsense word fluency and word use fluency.

(b) For pupils in grade one:

(i) Blending words.

(ii) Rapid automatic naming.

(iii) Phoneme segmentation.

(iv) Nonsense word fluency.

(v) Oral reading fluency.

(vi) Retell fluency.

(vii) Word use fluency grapheme to phoneme recognition.

(i) Blending words.

(ii) Rapid automatic naming.

(iii) Grapheme to phoneme recognition.

(iv) Phoneme segmentation.

(v) Nonsense word fluency.

(vi) Oral reading fluency.

(vii) Retell fluency.

(viii) Word use fluency.

(d) For pupils in grade three:

(i) Blending words.

(ii) Rapid letter naming.

(iii) Grapheme to phoneme recognition.

(iv) Phoneme segmentation.

(v) Oral reading fluency.

(vi) Retell fluency.

(vii) Word use fluency. END_STATUTE