CSSB 107(EDC): "An Act relating to school and school district accountability; relating to the duties of the Department of Education and Early Development; establishing a reading program for public school students enrolled in grades kindergarten through three; and providing for an effective date."
00 CS FOR SENATE BILL NO. 107(EDC) 01 "An Act relating to school and school district accountability; relating to the duties of the 02 Department of Education and Early Development; establishing a reading program for 03 public school students enrolled in grades kindergarten through three; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.03.123(d) is amended to read: 07 (d) A public school or district that receives a low performance designation 08 under this section shall prepare and submit to the department a school or district 09 improvement plan, as applicable, in accordance with regulations adopted by the board. 10 The improvement plan must be prepared with the maximum feasible public 11 participation of the community including, as appropriate, interested individuals, 12 teachers, parents, parent organizations, students, tribal organizations, local government 13 representatives, and other community groups. A school or district improvement plan 14 for a school that enrolls students in grades kindergarten through three must
01 identify strategies to be used in addressing the needs of students enrolled who are 02 identified under AS 14.30.760 as having a significant reading deficiency and set, 03 reaffirm, or revise, as appropriate, ambitious but reachable targets that the 04 school or district shall meet to reduce the number of students who have a 05 significant reading deficiency and to ensure that each student achieves grade 06 level standards in reading. 07 * Sec. 2. AS 14.03.123(f) is amended to read: 08 (f) In the accountability system for schools and districts required by this 09 section, the department shall 10 (1) implement 20 U.S.C. 6301 - 7941 (Elementary and Secondary 11 Education Act of 1965), as amended; 12 (2) implement state criteria and priorities for accountability including 13 the use of 14 (A) measures of student performance on standards-based 15 assessments in reading, writing, and mathematics, and including competency 16 tests required under AS 14.03.075; 17 (B) measures of student improvement; [AND] 18 (C) other measures identified that are indicators of student 19 success and achievement; and 20 (D) approved reading assessments, instructional practices, 21 and staff development programs required under AS 14.30.760 - 14.30.790; 22 and 23 (3) to the extent practicable, minimize the administrative burden on 24 districts. 25 * Sec. 3. AS 14.03.255(a) is amended to read: 26 (a) A charter school operates as a school in the local school district except that 27 the charter school (1) is exempt from the local school district's textbook, program, 28 other than the reading program under AS 14.30.760 - 14.30.790, curriculum, and 29 scheduling requirements; (2) is exempt from AS 14.14.130(c); the principal of the 30 charter school shall be selected by the academic policy committee and shall select, 31 appoint, or otherwise supervise employees of the charter school; and (3) operates
01 under the charter school's annual program budget as set out in the contract between the 02 local school board and the charter school under (c) of this section. Except as provided 03 in (e) of this section, a [A] local school board may exempt a charter school from other 04 local school district requirements if the exemption is set out in the contract. A charter 05 school is subject to secondary school competency testing as provided in AS 14.03.075 06 and other competency tests required by the department. 07 * Sec. 4. AS 14.03.255 is amended by adding a new subsection to read: 08 (e) A charter school shall comply with school accountability measures 09 required under AS 14.03.123 and the district reading program established under 10 AS 14.30.760 - 14.30.790. 11 * Sec. 5. AS 14.07.020(a) is amended to read: 12 (a) The department shall 13 (1) exercise general supervision over the public schools of the state 14 except the University of Alaska; 15 (2) study the conditions and needs of the public schools of the state, 16 adopt or recommend plans, administer and evaluate grants to improve school 17 performance awarded under AS 14.03.125, and adopt regulations for the improvement 18 of the public schools; 19 (3) provide advisory and consultative services to all public school 20 governing bodies and personnel; 21 (4) prescribe by regulation a minimum course of study for the public 22 schools; the regulations must provide that, if a course in American Sign Language is 23 given, the course shall be given credit as a course in a foreign language; 24 (5) establish, in coordination with the Department of Health and Social 25 Services, a program for the continuing education of children who are held in detention 26 facilities in the state during the period of detention; 27 (6) accredit those public schools that meet accreditation standards 28 prescribed by regulation by the department; these regulations shall be adopted by the 29 department and presented to the legislature during the first 10 days of any regular 30 session [,] and become effective 45 days after presentation or at the end of the session, 31 whichever is earlier, unless disapproved by a resolution concurred in by a majority of
01 the members of each house; 02 (7) prescribe by regulation, after consultation with the state fire 03 marshal and the state sanitarian, standards that will ensure [ASSURE] healthful and 04 safe conditions in the public and private schools of the state, including a requirement 05 of physical examinations and immunizations in pre-elementary schools; the standards 06 for private schools may not be more stringent than those for public schools; 07 (8) exercise general supervision over pre-elementary schools that 08 receive direct state or federal funding; 09 (9) exercise general supervision over elementary and secondary 10 correspondence study programs offered by municipal school districts or regional 11 educational attendance areas; the department may also offer and make available to any 12 Alaskan through a centralized office a correspondence study program; 13 (10) accredit private schools that request accreditation and that meet 14 accreditation standards prescribed by regulation by the department; nothing in this 15 paragraph authorizes the department to require religious or other private schools to be 16 licensed; 17 (11) review plans for construction of new public elementary and 18 secondary schools and for additions to and major rehabilitation of existing public 19 elementary and secondary schools and, in accordance with regulations adopted by the 20 department, determine and approve the extent of eligibility for state aid of a school 21 construction or major maintenance project; for the purposes of this paragraph, "plans" 22 include educational specifications, schematic designs, projected energy consumption 23 and costs, and final contract documents; 24 (12) provide educational opportunities in the areas of vocational 25 education and training, and basic education to individuals over 16 years of age who 26 are no longer attending school; 27 (13) administer the grants awarded under AS 14.11; 28 (14) establish, in coordination with the Department of Public Safety, a 29 school bus driver training course; 30 (15) require the reporting of information relating to school disciplinary 31 and safety programs under AS 14.33.120 and of incidents of disruptive or violent
01 behavior; 02 (16) establish by regulation criteria, based on low student performance, 03 under which the department may intervene in a school district to improve instructional 04 practices, as described in AS 14.07.030(14) or (15); the regulations must include 05 (A) a notice provision that alerts the district to the deficiencies 06 and the instructional practice changes proposed by the department; 07 (B) an end date for departmental intervention, as described in 08 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 09 consecutive years of improvement consisting of not less than two percent 10 increases in student proficiency on standards-based assessments in 11 mathematics, reading, and writing as provided in AS 14.03.123(f)(2)(A); and 12 (C) a process for districts to petition the department for 13 continuing or discontinuing the department's intervention; 14 (17) notify the legislative committees having jurisdiction over 15 education before intervening in a school district under AS 14.07.030(14) or redirecting 16 public school funding under AS 14.07.030(15); 17 (18) assist the Department of Natural Resources in developing and 18 implementing the farm-to-school program established under AS 03.20.100; 19 (19) periodically review assessments, instructional practices, and 20 staff development programs for their effectiveness in developing reading skills 21 and, after consultation with school districts and experts, recommend to the board 22 for approval assessments, instructional practices, and staff development 23 programs that 24 (A) have been proven to assess and accelerate student 25 progress toward reaching reading competency; 26 (B) provide explicit and systematic skill development in the 27 areas of phonemic awareness, phonics, vocabulary development, and 28 reading fluency, including verbal skills and reading comprehension; 29 (C) are scientifically based and reliable; and 30 (D) provide initial and ongoing analysis of student progress 31 toward reaching reading competency;
01 (20) publish on the department's Internet website and annually 02 update a list of approved assessments, instructional practices, and staff 03 development programs recommended under this subsection; 04 (21) provide technical assistance and coaching services or 05 strategies to school districts as necessary to improve implementation of approved 06 reading assessments, instructional practices, and staff development programs. 07 * Sec. 6. AS 14.07.165 is amended by adding new subsections to read: 08 (b) For use in the program established under AS 14.30.760 - 14.30.790, the 09 board shall adopt and periodically review a list of reading assessments that 10 (1) are recommended by the department for use by districts to assess 11 students in grades kindergarten through three; 12 (2) are based on evidence that is reliable, trustworthy, and valid; and 13 (3) have a demonstrated record of success in adequately assessing a 14 student's reading competency in the areas of phonemic awareness, phonics, vocabulary 15 development, and reading fluency, including verbal skills and reading comprehension. 16 (c) The board shall adopt and annually update a list of evidenced-based 17 instructional practices and staff development programs recommended by the 18 department to address reading deficiencies of students in grades kindergarten through 19 three. 20 * Sec. 7. AS 14.30 is amended by adding new sections to read: 21 Article 14. District Reading Program. 22 Sec. 14.30.760. District reading program. (a) Each school district shall 23 establish a reading program for students in grades kindergarten through three 24 consistent with AS 14.30.760 - 14.30.790. 25 (b) A district reading program established under (a) of this section shall 26 provide for 27 (1) periodic assessment of students, including annual assessments 28 approved by the board, to identify students with significant reading deficiencies and to 29 determine specific reading skill deficiencies; 30 (2) participation of students in statewide assessments; 31 (3) a meeting with the parent or guardian of the student as soon as
01 practicable after a student has been identified as having a significant reading 02 deficiency, followed by regular written notifications, to describe, in language 03 understandable to the parent or guardian, 04 (A) the nature of the student's reading deficiency; 05 (B) the educational services currently being provided to the 06 student; 07 (C) supplemental instructional services and remedial support 08 required by law to alleviate the reading deficiency and proposed to be provided 09 to the student through a reading plan; 10 (D) strategies for the parent or guardian to use to help the child 11 succeed; 12 (E) the goal for the student, including acquisition of all of the 13 skill levels necessary to graduate from high school with adequate preparation 14 for postsecondary and career options; 15 (F) the importance of early reading competency to academic 16 success and the result of significant reading deficiencies that increase the 17 likelihood of falling behind in school beginning in the fourth grade and 18 continuing in later grades and the likelihood of a student with a significant 19 reading deficiency failing to possess the skills necessary to complete 20 coursework required for high school graduation; 21 (4) implementation of student reading plans under AS 14.30.765 and 22 school monitoring plans under AS 14.30.775 for remediation of significant reading 23 deficiencies; 24 (5) reading instruction and staff development programs determined by 25 the board to have demonstrated success in increasing students' reading competency in 26 the areas of phonemic awareness, phonics, vocabulary development, and reading 27 fluency, including verbal skills and reading comprehension; 28 (6) annual reporting of student progress under the program to the 29 department using student identification numbers assigned to students who are 30 identified as having a significant reading deficiency; 31 (7) strategies designed to supplement the program that a parent or
01 guardian may be encouraged to use to assist a student in achieving reading 02 competency; and 03 (8) additional services a teacher determines are available and 04 appropriate to accelerate development of the student's reading skills. 05 (c) A school district may exempt a student from participation in the reading 06 program established under this section if the student 07 (1) has limited English proficiency and is enrolled in a limited English 08 proficiency program; 09 (2) has a disability and is the subject of an individualized education 10 plan under AS 14.30.278 that integrates intervention instruction and strategies to 11 address the student's reading deficiency, exempts the student from participation in 12 statewide standards-based assessments, and meets other requirements established by 13 law; or 14 (3) has been identified as a student with a significant reading 15 deficiency after at least two years of intensive remediation in reading consistent with 16 this section and the student has completed the second year of the same grade level. 17 Sec. 14.30.765. Student reading plans. (a) Except as provided in 18 AS 14.30.760(c), a school district shall provide a reading plan for each student who 19 has a significant reading deficiency. The student's teacher, in collaboration with other 20 school personnel and the student's parent or guardian, shall develop and implement an 21 individualized reading plan for the student as soon as practicable after identifying a 22 student's significant reading deficiency. 23 (b) A reading plan developed under this section must 24 (1) be reviewed and revised at least annually for appropriate 25 instructional intervention in the student's progress under the plan; 26 (2) remain in effect, as revised, until the student achieves demonstrated 27 reading competency; 28 (3) apply reliable, trustworthy, and valid evidence-based methods that 29 have a demonstrated record of success in advancing students' reading competency in 30 the areas of phonemic awareness, phonics, vocabulary development, and reading 31 fluency, including verbal skills and reading comprehension;
01 (4) include 02 (A) the specifically diagnosed reading skill deficiencies that 03 need to be remediated for the student to acquire reading competency; 04 (B) goals and benchmarks for tracking the student's progress; 05 (C) a description of the additional reading instructional services 06 and interventions the student will receive; the instructional services and 07 interventions must be evidence-based reading strategies and instruction that the 08 teacher will use daily to advance, at a minimum, the student's phonemic 09 awareness, phonics, vocabulary development, and reading fluency, including 10 verbal skills and reading comprehension. 11 (c) All versions of a student's reading plan, including supporting 12 documentation, shall be placed in the student's permanent academic record and 13 transferred with the student if the student transfers to another school while in grades 14 kindergarten through three. 15 (d) If a student is identified as having a significant reading deficiency for two 16 or more consecutive school years, the district in which the student is enrolled shall 17 ensure that, in the second or subsequent consecutive school year, 18 (1) the student's teacher revises the student's reading plan to include 19 additional, more rigorous instruction and intervention strategies to assist the student in 20 reaching reading competency, including increased daily time in school for reading 21 instruction; 22 (2) the principal of the school in which the student is enrolled ensures 23 that the student receives reading instruction in conjunction with and supported through 24 the other subjects in which the student receives instruction during the school day; 25 (3) whenever practicable, the student receives reading instruction from 26 a teacher who has a high rating on the teacher's most recent performance evaluation 27 and who possesses expertise in reading instruction; and 28 (4) whenever practicable, and with the approval of the student's parent, 29 the student receives mental health support from a school psychologist, school social 30 worker, or school counselor. 31 Sec. 14.30.770. Student advancement through fourth grade; parental
01 involvement. (a) If, within 45 days before the end of a school year in grades 02 kindergarten through three, a teacher determines that a student has a significant 03 reading deficiency, the school district in which the student is enrolled shall provide to 04 the student's parents or guardians a written notice stating, at a minimum, that 05 (1) because there are serious implications for a student who enters 06 fourth grade with a significant reading deficiency, the student's parents or guardians 07 and the student's teacher and other employees of the school district are required under 08 state law to meet and determine whether the student, despite having a significant 09 reading deficiency, will be able to maintain adequate academic progress at the next 10 grade level; 11 (2) school staff members will work with the parents or guardians to 12 schedule a date, time, and place for the meeting; and 13 (3) if no parent or guardian attends the meeting, the teacher and 14 employees of the district will determine whether the student will advance to the next 15 grade level in the next school year. 16 (b) After sending a written notice under (a) of this section, a school staff 17 member shall contact the parents or guardians to schedule the meeting to determine 18 whether the student will advance to the next grade level. If, after making three or more 19 documented attempts to schedule the meeting with a parent or guardian, the staff 20 member is unable to schedule the meeting, or if the parent or guardian does not attend 21 a scheduled meeting, the teacher and staff members selected by the district shall 22 determine, based on the student's records and teacher recommendations, whether the 23 student will advance to the next grade level for the next school year. 24 (c) At the meeting required under this section, the teacher and any other staff 25 members selected by the school district shall, at a minimum, present to the student's 26 parents or guardians 27 (1) information regarding the importance of a student's achieving 28 reading competency by the end of third grade; 29 (2) a summary of the student's reading progress to date and an 30 assessment of the likelihood that the student, despite having a significant reading 31 deficiency, will be able to maintain adequate academic performance at the next grade
01 level; 02 (3) an explanation of the increased level of intervention instruction the 03 student will receive in the next school year whether or not the student advances to the 04 next grade level; and 05 (4) an evaluation of potential effects on the student if the student does 06 not advance to the next grade level. 07 (d) At the meeting described in (c) of this section, the parents or guardians, the 08 teacher, and the participating staff members shall decide whether the student will 09 advance to the next grade level in the next school year. If the parents or guardians, the 10 teacher, and the participating staff members are not in agreement, the parents or 11 guardians shall decide whether the student will advance to the next grade level unless 12 circumstances exist as specified in the policy adopted by the district that would 13 prevent advancement. 14 (e) As soon as practicable after a decision has been made to advance or not 15 advance a student with a significant reading deficiency to the next grade level, the 16 district shall provide to the parents or guardians a written statement of the decision and 17 the basis for the decision. A copy of the statement shall be provided to the principal of 18 the school and included in the student's permanent academic record. The statement 19 shall be removed from the student's permanent academic record when the student 20 achieves reading competency. 21 Sec. 14.30.775. School monitoring plans. The department shall adopt 22 regulations establishing standards and time frames for school monitoring plans to 23 ensure compliance with the reading program established in AS 14.30.760 - 14.30.790. 24 Sec. 14.30.790. Definition. In AS 14.30.760 - 14.30.790, "significant reading 25 deficiency" means that a student does not meet the minimum skill levels for reading 26 competency in the areas of phonemic awareness, phonics, vocabulary development, 27 and reading fluency, including verbal skills and reading comprehension, under 28 standards established by the state board for the student's grade level. 29 * Sec. 8. This Act takes effect July 1, 2016.