SB 107: "An Act relating to school and school district accountability; relating to the duties of the Department of Education and Early Development; and establishing a reading program for public school students enrolled in grades kindergarten through three."
00 SENATE BILL NO. 107 01 "An Act relating to school and school district accountability; relating to the duties of the 02 Department of Education and Early Development; and establishing a reading program 03 for public school students enrolled in grades kindergarten through three." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.03.123(d) is amended to read: 06 (d) A public school or district that receives a low performance designation 07 under this section shall prepare and submit to the department a school or district 08 improvement plan, as applicable, in accordance with regulations adopted by the board. 09 The improvement plan must be prepared with the maximum feasible public 10 participation of the community including, as appropriate, interested individuals, 11 teachers, parents, parent organizations, students, tribal organizations, local government 12 representatives, and other community groups. A school or district improvement plan 13 for a school that enrolls students in grades kindergarten through three must 14 identify strategies to be used in addressing the needs of students enrolled who are
01 identified under AS 14.30.760 as having a significant reading deficiency and set, 02 reaffirm, or revise, as appropriate, ambitious but reachable targets that the 03 school or district shall meet to reduce the number of students who have a 04 significant reading deficiency and to ensure that each student achieves grade 05 level expectations in reading. 06 * Sec. 2. AS 14.03.123(f) is amended to read: 07 (f) In the accountability system for schools and districts required by this 08 section, the department shall 09 (1) implement 20 U.S.C. 6301 - 7941 (Elementary and Secondary 10 Education Act of 1965), as amended; 11 (2) implement state criteria and priorities for accountability including 12 the use of 13 (A) measures of student performance on standards-based 14 assessments in reading, writing, and mathematics, and including competency 15 tests required under AS 14.03.075; 16 (B) measures of student improvement; [AND] 17 (C) other measures identified that are indicators of student 18 success and achievement; and 19 (D) approved diagnostic reading assessments, instructional 20 practices, and staff development programs required under AS 14.30.760 - 21 14.30.790; and 22 (3) to the extent practicable, minimize the administrative burden on 23 districts. 24 * Sec. 3. AS 14.07.020(a) is amended to read: 25 (a) The department shall 26 (1) exercise general supervision over the public schools of the state 27 except the University of Alaska; 28 (2) study the conditions and needs of the public schools of the state, 29 adopt or recommend plans, administer and evaluate grants to improve school 30 performance awarded under AS 14.03.125, and adopt regulations for the improvement 31 of the public schools;
01 (3) provide advisory and consultative services to all public school 02 governing bodies and personnel; 03 (4) prescribe by regulation a minimum course of study for the public 04 schools; the regulations must provide that, if a course in American Sign Language is 05 given, the course shall be given credit as a course in a foreign language; 06 (5) establish, in coordination with the Department of Health and Social 07 Services, a program for the continuing education of children who are held in detention 08 facilities in the state during the period of detention; 09 (6) accredit those public schools that meet accreditation standards 10 prescribed by regulation by the department; these regulations shall be adopted by the 11 department and presented to the legislature during the first 10 days of any regular 12 session [,] and become effective 45 days after presentation or at the end of the session, 13 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 14 the members of each house; the accreditation standards must include a 15 requirement for implementation of approved instructional practices and staff 16 development programs to address significant reading deficiencies of students in 17 grades kindergarten through three; 18 (7) prescribe by regulation, after consultation with the state fire 19 marshal and the state sanitarian, standards that will ensure [ASSURE] healthful and 20 safe conditions in the public and private schools of the state, including a requirement 21 of physical examinations and immunizations in pre-elementary schools; the standards 22 for private schools may not be more stringent than those for public schools; 23 (8) exercise general supervision over pre-elementary schools that 24 receive direct state or federal funding; 25 (9) exercise general supervision over elementary and secondary 26 correspondence study programs offered by municipal school districts or regional 27 educational attendance areas; the department may also offer and make available to any 28 Alaskan through a centralized office a correspondence study program; 29 (10) accredit private schools that request accreditation and that meet 30 accreditation standards prescribed by regulation by the department; nothing in this 31 paragraph authorizes the department to require religious or other private schools to be
01 licensed; 02 (11) review plans for construction of new public elementary and 03 secondary schools and for additions to and major rehabilitation of existing public 04 elementary and secondary schools and, in accordance with regulations adopted by the 05 department, determine and approve the extent of eligibility for state aid of a school 06 construction or major maintenance project; for the purposes of this paragraph, "plans" 07 include educational specifications, schematic designs, projected energy consumption 08 and costs, and final contract documents; 09 (12) provide educational opportunities in the areas of vocational 10 education and training, and basic education to individuals over 16 years of age who 11 are no longer attending school; 12 (13) administer the grants awarded under AS 14.11; 13 (14) establish, in coordination with the Department of Public Safety, a 14 school bus driver training course; 15 (15) require the reporting of information relating to school disciplinary 16 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 17 behavior; 18 (16) establish by regulation criteria, based on low student performance, 19 under which the department may intervene in a school district to improve instructional 20 practices, as described in AS 14.07.030(14) or (15); the regulations must include 21 (A) a notice provision that alerts the district to the deficiencies 22 and the instructional practice changes proposed by the department; 23 (B) an end date for departmental intervention, as described in 24 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 25 consecutive years of improvement consisting of not less than two percent 26 increases in student proficiency on standards-based assessments in 27 mathematics, reading, and writing as provided in AS 14.03.123(f)(2)(A); and 28 (C) a process for districts to petition the department for 29 continuing or discontinuing the department's intervention; 30 (17) notify the legislative committees having jurisdiction over 31 education before intervening in a school district under AS 14.07.030(14) or redirecting
01 public school funding under AS 14.07.030(15); 02 (18) assist the Department of Natural Resources in developing and 03 implementing the farm-to-school program established under AS 03.20.100; 04 (19) periodically review diagnostic assessments, instructional 05 practices, and staff development programs for their effectiveness in developing 06 reading skills and, after consultation with school districts and experts, 07 recommend to the board for approval diagnostic assessments, instructional 08 practices, and staff development programs that 09 (A) have been proven to assess and accelerate student 10 progress toward reaching reading competency; 11 (B) provide explicit and systematic skill development in the 12 areas of phonemic awareness, phonics, vocabulary development, and 13 reading fluency, including verbal skills and reading comprehension; 14 (C) are scientifically based and reliable; 15 (D) provide initial and ongoing analysis of student progress 16 toward reaching reading competency; and 17 (E) include texts on core academic content to assist students 18 in maintaining or meeting grade-appropriate proficiency in academic 19 subjects in addition to reading; 20 (20) publish on the department's Internet website and annually 21 update a list of approved assessments, instructional practices, and staff 22 development programs recommended under this subsection; 23 (21) provide technical assistance, instructional materials, and 24 coaching services to school districts as necessary to improve implementation of 25 approved diagnostic reading assessments, instructional practices, and staff 26 development programs. 27 * Sec. 4. AS 14.07.165 is amended by adding new subsections to read: 28 (b) For use in the program established under AS 14.30.760 - 14.30.790, the 29 board shall adopt and periodically review a list of diagnostic reading assessments that 30 (1) are recommended by the department for use by districts to assess 31 students in grades kindergarten through three;
01 (2) are based on evidence that is reliable, trustworthy, and valid; and 02 (3) have a demonstrated record of success in adequately assessing a 03 student's reading competency in the areas of phonemic awareness, phonics, vocabulary 04 development, and reading fluency, including verbal skills and reading comprehension. 05 (c) The board shall adopt and annually update a list of evidenced-based 06 instructional practices and staff development programs recommended by the 07 department to address reading deficiencies of students in grades kindergarten through 08 three. 09 * Sec. 5. AS 14.30 is amended by adding new sections to read: 10 Article 14. District Reading Program. 11 Sec. 14.30.760. District reading program. (a) Each school district shall 12 establish a reading program for students in grades kindergarten through three 13 consistent with AS 14.30.760 - 14.30.790. 14 (b) A district reading program established under (a) of this section shall 15 provide for 16 (1) periodic assessment of students, including annual diagnostic 17 assessments approved by the board, to identify students with significant reading 18 deficiencies and to determine specific reading skill deficiencies; 19 (2) participation of students in statewide assessments; 20 (3) a meeting with the parent or guardian of the student as soon as 21 practicable after a student has been identified as having a significant reading 22 deficiency, followed by regular written notifications, to describe, in language 23 understandable to the parent or guardian, 24 (A) the nature of the student's reading deficiency; 25 (B) the educational services currently being provided to the 26 student; 27 (C) supplemental instructional services and remedial support 28 required by law to alleviate the reading deficiency and proposed to be provided 29 to the student through a reading plan; 30 (D) strategies for the parent or guardian to use to help the child 31 succeed;
01 (E) the goal for the student, including acquisition of all of the 02 skill levels necessary to graduate from high school with adequate preparation 03 for postsecondary and career options; 04 (F) the importance of early reading competency to academic 05 success and the result of significant reading deficiencies that increase the 06 likelihood of falling behind in school beginning in the fourth grade and 07 continuing in later grades and the likelihood of a student with a significant 08 reading deficiency failing to possess the skills necessary to complete 09 coursework required for high school graduation; 10 (4) implementation of student reading plans under AS 14.30.765 and 11 school monitoring plans under AS 14.30.775 for remediation of significant reading 12 deficiencies; 13 (5) reading instruction and staff development programs determined by 14 the board to have demonstrated success in increasing students' reading competency in 15 the areas of phonemic awareness, phonics, vocabulary development, and reading 16 fluency, including verbal skills and reading comprehension; 17 (6) annual reporting of student progress under the program to the 18 department using student identification numbers assigned to students who are 19 identified as having a significant reading deficiency; 20 (7) strategies designed to supplement the program that a parent or 21 guardian may be encouraged to use to assist a student in achieving reading 22 competency; and 23 (8) additional services a teacher determines are available and 24 appropriate to accelerate development of the student's reading skills. 25 (c) A school district may exempt a student from participation in the reading 26 program established under this section if the student 27 (1) has limited English proficiency and is enrolled in a limited English 28 proficiency program; 29 (2) has a disability and is the subject of an individualized education 30 plan under AS 14.30.278 that integrates intervention instruction and strategies to 31 address the student's reading deficiency, exempts the student from participation in
01 statewide standards-based assessments, and meets other requirements established by 02 law; or 03 (3) has been identified as a student with a significant reading 04 deficiency after at least two years of intensive remediation in reading consistent with 05 this section and the student has completed the second year of the same grade level. 06 Sec. 14.30.765. Student reading plans. (a) Except as provided in 07 AS 14.30.760(c), a school district shall provide a reading plan for each student who 08 has a significant reading deficiency. The student's teacher, in collaboration with other 09 school personnel and the student's parent or guardian, shall develop and implement an 10 individualized reading plan for the student as soon as practicable after identifying a 11 student's significant reading deficiency. 12 (b) A reading plan developed under this section must 13 (1) be reviewed and revised at least annually for appropriate 14 instructional intervention in the student's progress under the plan; 15 (2) remain in effect, as revised, until the student achieves demonstrated 16 reading competency; 17 (3) apply reliable, trustworthy, and valid evidence-based methods that 18 have a demonstrated record of success in advancing students' reading competency in 19 the areas of phonemic awareness, phonics, vocabulary development, and reading 20 fluency, including verbal skills and reading comprehension; 21 (4) include 22 (A) the specifically diagnosed reading skill deficiencies that 23 need to be remediated for the student to acquire reading competency; 24 (B) goals and benchmarks for tracking the student's progress; 25 (C) a description of the additional reading instructional services 26 and interventions the student will receive; the instructional services and 27 interventions must be evidence-based reading strategies and instruction that the 28 teacher will use daily to advance, at a minimum, the student's phonemic 29 awareness, phonics, vocabulary development, and reading fluency, including 30 verbal skills and reading comprehension. 31 (c) All versions of a student's reading plan, including supporting
01 documentation, shall be placed in the student's permanent academic record and 02 transferred with the student if the student transfers to another school while in grades 03 kindergarten through three. 04 (d) If a student is identified as having a significant reading deficiency for two 05 or more consecutive school years, the district in which the student is enrolled shall 06 ensure that, in the second or subsequent consecutive school year, 07 (1) the student's teacher revises the student's reading plan to include 08 additional, more rigorous instruction and intervention strategies to assist the student in 09 reaching reading competency, including increased daily time in school for reading 10 instruction; 11 (2) the principal of the school in which the student is enrolled ensures 12 that the student receives reading instruction in conjunction with and supported through 13 the other subjects in which the student receives instruction during the school day; 14 (3) whenever practicable, the student receives reading instruction from 15 a teacher who has been ranked effective or highly effective on the teacher's most 16 recent performance evaluation and who possesses expertise in reading instruction; and 17 (4) when necessary, and with the approval of the student's parent, the 18 student receives mental health support from the school psychologist, school social 19 worker, or school counselor. 20 Sec. 14.30.770. Student advancement through fourth grade; parental 21 involvement. (a) If, within 45 days before the end of a school year in grades 22 kindergarten through three, a teacher determines that a student has a significant 23 reading deficiency, the school district in which the student is enrolled shall provide to 24 the student's parents or guardians a written notice stating, at a minimum, that 25 (1) because there are serious implications for a student who enters 26 fourth grade with a significant reading deficiency, the student's parents or guardians 27 and the student's teacher and other employees of the school district are required under 28 state law to meet and determine whether the student, despite having a significant 29 reading deficiency, will be able to maintain adequate academic progress at the next 30 grade level; 31 (2) school staff members will work with the parents or guardians to
01 schedule a date, time, and place for the meeting; and 02 (3) if no parent or guardian attends the meeting, the teacher and 03 employees of the district will determine whether the student will advance to the next 04 grade level in the next school year. 05 (b) After sending a written notice under (a) of this section, a school staff 06 member shall contact the parents or guardians to schedule the meeting to determine 07 whether the student will advance to the next grade level. If, after making three or more 08 documented attempts to schedule the meeting with a parent or guardian, the staff 09 member is unable to schedule the meeting, or if the parent or guardian does not attend 10 a scheduled meeting, the teacher and staff members selected by the district shall 11 determine, based on the student's records and teacher recommendations, whether the 12 student will advance to the next grade level for the next school year. 13 (c) At the meeting required under this section, the teacher and any other staff 14 members selected by the school district shall, at a minimum, present to the student's 15 parents or guardians 16 (1) information regarding the importance of a student's achieving 17 reading competency by the end of third grade; 18 (2) a summary of the student's reading progress to date and an 19 assessment of the likelihood that the student, despite having a significant reading 20 deficiency, will be able to maintain adequate academic performance at the next grade 21 level; 22 (3) an explanation of the increased level of intervention instruction the 23 student will receive in the next school year whether or not the student advances to the 24 next grade level; and 25 (4) an evaluation of potential effects on the student if the student does 26 not advance to the next grade level. 27 (d) At the meeting described in (c) of this section, the parents or guardians, the 28 teacher, and the participating staff members shall decide whether the student will 29 advance to the next grade level in the next school year. If the parents or guardians, the 30 teacher, and the participating staff members are not in agreement, the parents or 31 guardians shall decide whether the student will advance to the next grade level unless
01 circumstances exist as specified in the policy adopted by the district that would 02 prevent advancement. 03 (e) As soon as practicable after a decision has been made to advance or not 04 advance a student with a significant reading deficiency to the next grade level, the 05 district shall provide to the parents or guardians a written statement of the decision and 06 the basis for the decision. A copy of the statement shall be provided to the principal of 07 the school and included in the student's permanent academic record. The statement 08 shall be removed from the student's permanent academic record when the student 09 achieves reading competency. 10 Sec. 14.30.775. School monitoring plans. The department shall adopt 11 regulations establishing standards and time frames for school monitoring plans to 12 ensure compliance with the reading program established in AS 14.30.760 - 14.30.790. 13 Sec. 14.30.790. Definition. In AS 14.30.760 - 14.30.790, "significant reading 14 deficiency" means that a student does not meet the minimum skill levels for reading 15 competency in the areas of phonemic awareness, phonics, vocabulary development, 16 and reading fluency, including verbal skills and reading comprehension, under 17 standards established by the state board for the student's grade level.