HB4703 101ST GENERAL ASSEMBLY

LRB101 17456 NHT 66866 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4703

Introduced 2/18/2020, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

See Index

Creates the K-3 Comprehensive Reading and Math Intervention Act. Allows a school district to offer an evidence-based reading or math intervention program to each kindergarten through grade 3 student who exhibits a reading or math deficiency. Provides that any student in kindergarten through grade 3 who exhibits a deficiency in reading or math may receive an individual reading or math improvement plan. Allows a school district to provide a summer reading and math camp to all grade 3 students scoring at the lowest achievement level on the grade 3 statewide assessment and to establish at each school, where applicable, an intensive acceleration class for any student retained in grade 3 who was previously retained in kindergarten, grade one, or grade 2. Allows each school district and charter school to establish an extended-time literacy and math intervention program for students in kindergarten through grade 3 who score basic or below basic on a reading and math screening assessment. Amends the School Code. Provides that, beginning with 2022-2023 school year, grade 3 students must demonstrate sufficient reading and math skills for promotion to grade 4. Provides that if the student cannot demonstrate sufficient reading or math skills, the student must be retained in grade 3, with exceptions. Sets forth provisions concerning parental notification, intensive reading and math intervention, and reporting. Makes other changes.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the K-3 Comprehensive Reading and Math Intervention Act.

Section 5. Legislative intent and goal.

(a) It is the intent of the General Assembly that:

(1) each public school student's progression from one grade to another be based, in part, upon proficiency in reading and math;

(2) school board policies facilitate evidence-based reading and math instruction and intervention services to address student reading and math needs; and

(3) each student and his or her parent or guardian be informed of that student's reading and math progress.

(b) It is the ultimate goal of the General Assembly that every public school student demonstrate reading and math performance at or above his or her grade level by grade 3.

Section 10. Reading or math intervention program. A school district may offer an evidence-based reading or math intervention program to each kindergarten through grade 3 student who exhibits a reading or math deficiency to ensure the student has reading and math skills at or above his or her grade level by the end of grade 3. A deficiency shall be defined as scoring below grade level or being determined to be at-risk of reading or math failure based upon a screening assessment, diagnostic assessment, standardized summative assessment, or progress monitoring. The State Board of Education shall create a process for reviewing and approving a list of reliable and valid reading and math screening assessments, and each school district may administer one of the Board-approved reading and math screening assessments to all kindergarten through grade 3 students within 45 days after the beginning of the school year to identify students with reading and math deficiencies. The reading or math intervention program may be provided in addition to the core reading or math instruction that is provided to all students in the general education classroom. The reading or math intervention program may:

(1) be provided to all kindergarten through grade 3 students identified as having a reading or math deficiency as determined by the Board-approved reading and math screening assessment administered within the first 45 days of school;

(2) regularly monitor the progress of all kindergarten through grade 3 students who have been identified as having a reading or math deficiency throughout the school year and adjust instruction according to student needs;

(3) in the reading intervention program, provide explicit and systematic instruction in phonological awareness, phonics, fluency, vocabulary, and comprehension, as applicable;

(4) in the math intervention program, provide explicit and systematic instruction in early numeracy skills, as applicable;

(5) be implemented during regular school hours; and

(6) subject to available funds, provide professional development for teachers responding to students' reading and math issues and needs.

Section 15. Reading or math improvement plan. Any student in kindergarten through grade 3 who exhibits a deficiency in reading or math at any time, based upon the reliable and valid reading and math screening assessment approved by the State Board of Education under Section 10, may receive an individual reading or math improvement plan no later than 45 days after the identification of the reading or math deficiency. The reading or math improvement plan may be created by the teacher, the principal, or other pertinent school personnel, along with the parent or guardian, and may describe the research-based reading or math intervention services the student will receive to remedy the reading or math deficiency. Under the reading or math improvement plan, the student must receive intensive reading or math intervention until the student no longer has a deficiency in reading or math.

Section 20. Summer reading and math camp. A school district may provide a summer reading and math camp to all grade 3 students scoring at the lowest achievement level on the grade 3 statewide English language arts and mathematics assessment. A summer reading and math camp must be staffed with highly effective teachers of reading and math, as demonstrated by student reading and math performance data and teacher performance evaluations. A highly effective teacher of reading or math may provide explicit and systematic reading or math intervention services and support to correct the identified areas of reading or math deficiency. A summer reading and math camp must include, at a minimum, 90 hours of instructional time in reading or math or both. If funding allows, a school district may offer a summer reading and math camp to students in grades one and 2 identified with a reading or math deficiency.

Section 25. Intensive acceleration class. A school district may establish at each school, where applicable, an intensive acceleration class for any student retained in grade 3 who was previously retained in kindergarten, grade one, or grade 2. The intensive acceleration class may:

(1) have a reduced teacher-student ratio; and

(2) provide explicit and systematic reading or math instruction and intervention for the majority of student contact time each day.

Section 30. Extended-time literacy and math intervention program.

(a) Each school district and charter school may establish an extended-time literacy and math intervention program for students in kindergarten through grade 3 who score basic or below basic on the fall reading and math screening assessment or alternate reading and math screening assessment approved by the State Board of Education under Section 10. The school district or charter school shall submit the program to the State Board.

(b) The program may provide proven and effective research-based substantial intervention and shall include basic mathematics, phonemic awareness, decoding, vocabulary, comprehension, and fluency, as applicable to the student based on a formative assessment designed to, at a minimum, identify weaknesses in those areas. The program may include:

(1) online or digital instructional materials or programs or library resources;

(2) a minimum of 60 hours of supplemental instruction for students in kindergarten through grade 3 who score below basic on the reading and math screening assessment; and

(3) a minimum of 30 hours of supplemental instruction for students in kindergarten through grade 3 who score basic on the reading and math screening assessment.

(c) To ensure students receive high quality literacy and math instruction and intervention, the State Board of Education may provide professional development to districts and schools on best practices supporting literacy and math instruction.

(d) Each school district and charter school establishing an extended-time literacy and math intervention program under this Section must annually report program participation and effectiveness to the State Board of Education. The State Board shall compile this data in an annual report that is sent to the Governor and the General Assembly, as provided in Section 3.1 of the General Assembly Organization Act.

Section 90. State Board enforcement, technical assistance, and rulemaking.

(a) The State Board of Education has the authority to enforce this Act. However, a school district is exempt from the requirements of this Act if it can prove that it already has an effective program.

(b) The State Board may provide technical assistance to aid school districts in implementing this Act.

(c) The State Board may adopt any rules necessary to administer this Act.

Section 900. The School Code is amended by changing Sections 10-20.9a and 34-18.51 and by adding Sections 2-3.182, 10-20.9b, and 34-18.51a as follows:

(105 ILCS 5/2-3.182 new)

Sec. 2-3.182. Student retention, promotion, and assessment information; report. The State Board of Education may establish a uniform format for school districts to report the information required under subsection (g) of Section 10-20.9b and subsection (g) of 34-18.51a. The format may be developed with input from school boards and may be provided to each school district no later than 90 days prior to the annual reporting due date.

The State Board may annually compile the information required under subsection (g) of Section 10-20.9b and subsection (g) of 34-18.51a, along with State-level summary information, and, by October 1 of each year, report that information to the public, the Governor, and the General Assembly, as provided under Section 3.1 of the General Assembly Organization Act.

(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)

Sec. 10-20.9a. Final grade; promotion.

(a) Teachers shall administer the approved marking system or other approved means of evaluating pupil progress. The teacher shall maintain the responsibility and right to determine grades and other evaluations of students within the grading policies of the district based upon his or her professional judgment of available criteria pertinent to any given subject area or activity for which he or she is responsible. District policy shall provide the procedure and reasons by and for which a grade may be changed; provided that no grade or evaluation shall be changed without notification to the teacher concerning the nature and reasons for such change. If such a change is made, the person making the change shall assume such responsibility for determining the grade or evaluation, and shall initial such change.

(b) School districts shall not promote students to the next higher grade level based upon age or any other social reasons not related to the academic performance of the students. School On or before September 1, 1998, school boards shall adopt and enforce a policy on promotion as they deem necessary to ensure that students meet local goals and objectives and can perform at the expected grade level prior to promotion. Decisions to promote or retain students in any classes shall be based on successful completion of the curriculum, attendance, performance based on the assessments required under Section 2-3.64a-5 of this Code, the Iowa Test of Basic Skills, or other testing or any other criteria established by the school board. Students determined by the local district to not qualify for promotion to the next higher grade shall be provided remedial assistance, which may include, but shall not be limited to, a summer bridge program of no less than 90 hours, tutorial sessions, increased or concentrated instructional time, modifications to instructional materials, and retention in grade. This subsection (b) is subject to Section 10-20.9b.

(Source: P.A. 98-972, eff. 8-15-14.)

(105 ILCS 5/10-20.9b new)

Sec. 10-20.9b. Retention in grade 3 for reading or math deficiency.

(a) The parent or guardian of any kindergarten through grade 3 student who exhibits a deficiency in reading or math at any time during the school year must be notified, in writing, no later than 30 days after the identification of the reading or math deficiency, and the written notification must include all of the following:

(1) That his or her child has been identified as having a deficiency in reading or math and a reading or math improvement plan may be developed by the teacher, the principal, or other pertinent school personnel, along with the parent or guardian.

(2) A description of the current services that are provided to the child.

(3) A description of the proposed research-based reading or math intervention services and supplemental instructional services and support that will be provided to the child and that are designed to remedy the identified areas of reading or math deficiency.

(4) Notification that the parent or guardian will be informed in writing of his or her child's progress toward grade-level reading or math at least once every 2 weeks.

(5) Strategies for the parent or guardian to use at home to help his or her child succeed in reading or math.

(6) That if the child's reading or math deficiency is not corrected by the end of grade 3, the child will not be promoted to grade 4 unless a good cause exemption is met.

(7) That while the statewide reading and math assessment is the initial determinate for promotion, it is not the sole determinate at the end of grade 3 and students are provided with a test-based student portfolio option or an alternative standardized reading and math assessment option approved by the State Board of Education to demonstrate sufficient reading and math skills for promotion to grade 4.

(b) Beginning with 2022-2023 school year, grade 3 students must demonstrate sufficient reading and math skills for promotion to grade 4. Students may be provided with the following options to demonstrate sufficient reading or math skills for promotion to grade 4:

(1) scoring above a specific cut score, as determined by the State Board, on the grade 3 statewide English language arts and mathematics assessment;

(2) earning an acceptable score, as determined by the State Board, on an alternative standardized reading and math assessment approved by the State Board; or

(3) demonstrating mastery of all grade 3 State reading and math standards as evidenced through a test-based student reading and math portfolio. The State Board shall establish criteria for the student reading and math portfolio and to define mastery of all grade 3 State reading and math standards.

If the student cannot demonstrate sufficient reading or math skills under this subsection (b) and does not qualify for a good cause exemption under subsection (c), the student must be retained in grade 3. However, no student may be retained twice in grade 3.

(c) A school board may exempt a student from mandatory retention as provided in subsection (b) only for good cause. A student who is promoted to grade 4 with a good cause exemption may continue to receive intensive reading or math intervention that includes specific reading or math strategies prescribed in the student's reading or math improvement plan until the deficiency is remedied. The school district may assist schools and teachers with the implementation of reading and math strategies that research has shown to be successful in improving reading and math among students with reading and math difficulties. Good cause exemptions may be limited to the following:

(1) Students with disabilities whose individualized education program indicates that participation in statewide assessments is not appropriate, consistent with State law.

(2) Students identified as English learners who have had less than 2 years of instruction in a transitional bilingual education program.

(3) Students with disabilities who participate in the statewide English language arts and mathematics assessment and who have an individualized education program or a federal Section 504 plan that reflects that the student has received intensive reading or math intervention for more than 2 years but still demonstrates a deficiency in reading or math and was previously retained in kindergarten, grade 1, grade 2, or grade 3.

(4) Students who have received intensive reading or math intervention for 2 or more years but still demonstrate a deficiency in reading or math and who were previously retained in kindergarten, grade 1, grade 2, or grade 3 for a total of 2 years.

(d) A request to exempt a student from the mandatory retention requirement using a good cause exemption under subsection (c) may be made consistent with the following:

(1) Documentation may be submitted from the student's teacher to the school's administration that indicates that the promotion of the student is appropriate. Such documentation may consist only of the good cause exemption being requested and the existing reading or math improvement plan or individualized education program, as applicable.

(2) The school's administration may review and discuss the promotion with the teacher and make a determination on whether the student meets the requirements for a good cause exemption. If the school's administration determines that the student meets the requirements for a good cause exemption based upon the documentation provided, the school's administration may make a recommendation, in writing, to the district superintendent that the student be promoted. The district superintendent may accept or reject the administration's recommendation, in writing.

(e) The school district may assist a school with providing written notification to the parent or guardian of any student who is retained. The notification shall state that the child has not met the reading or math level required for promotion, the reasons the child is not eligible for a good cause exemption, and that the child will be retained in grade 3. The notification must include a description of the proposed intervention services and support that will be provided to the child to remedy the identified areas of reading or math deficiency in the retained year.

(f) Beginning with the 2022-2023 school year, a student retained under subsection (b) must be provided intensive reading or math intervention to remedy the student's specific reading or math deficiency. The reading or math intervention services must include effective instructional strategies to accelerate student progress. A school district may conduct a review of the reading and math improvement plans of all students retained in grade 3 under subsection (b). The review may address additional support and services, as described in this subsection (f), needed to remedy the identified areas of reading or math deficiency. The district may provide any of the following to retained students:

(1) A highly effective teacher of reading or math as demonstrated by student reading or math performance data and teacher performance evaluations.

(2) Reading or math intervention services and support to correct the identified areas of reading or math deficiency, including, but not limited to:

(A) more dedicated time than in the previous school year to scientifically research-based reading or math instruction and intervention;

(B) the use of reading or math strategies or programs that are scientifically research-based and that have proven results in accelerating student reading or math achievement within the same school year;

(C) daily targeted small group reading or math intervention based on student needs;

(D) explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback; and

(E) frequent monitoring of the reading or math progress of each student's reading or math skills throughout the school year and an adjustment of instruction according to the student's needs.

(3) The option of a transitional instructional setting. Such setting may specifically be designed to produce learning gains sufficient to meet grade 4 performance standards in all other core academic areas while continuing to correct the areas of reading or math deficiency.

(4) Before-school or after-school supplemental research-based reading or math intervention delivered by a teacher or tutor with specialized reading or math training.

(5) An at-home plan outlined in a parental contract, including participation in parent-training workshops or regular parent-guided reading or math activities.

(g) On or before September 1 of each year, a school board must report, in writing, to the State Board of Education the following information for the prior school year:

(1) The school board's policies and procedures on student retention and promotion.

(2) By grade, the number and percentage of all students in kindergarten through grade 3 performing below grade level on local and statewide assessments.

(3) By grade, the number and percentage of all students retained in kindergarten through grade 3.

(4) The total number and percentage of students in grade 3 who demonstrated sufficient reading or math skills on the test-based student portfolio for promotion.

(5) The total number and percentage of students in grade 3 who demonstrated sufficient reading or math skills on the alternative standardized reading and math assessment for promotion.

(6) The total number and percentage of students in grade 3 who were promoted for good cause, by each category of good cause listed under subsection (c).

(7) In succeeding school years, the performance of students promoted for good cause on the statewide English language arts and mathematics assessment.

(h) The State Board of Education may provide technical assistance to aid school boards in implementing this Section.

(i) A school district is exempt from the requirements of this Section if it can prove to the State Board that it already has an effective program.

(105 ILCS 5/34-18.51)

Sec. 34-18.51. Committee on the retention of students.

(a) The board may create a committee on the retention of students. The committee shall consist of the general superintendent of schools or his or her designee, a district administrator who directs student instruction and curriculum, a principal from a school of the district, and a teacher from a school of the district.

(b) Prior to retention in a grade, a school may submit, by a date as set by the committee on the retention of students, the names of all students determined by the school to not qualify for promotion to the next higher grade and the reason for that determination. Subject to Section 34-18.51a, the The committee shall review the school's decision to retain with respect to each student and shall make a final decision regarding whether or not to retain a particular student. The committee shall take into consideration the relevant data and evidence gathered during the Response to Intervention process. The committee may vote to overturn a retention decision if the committee determines that the student should be promoted after examining the student's access to remedial assistance, performance, attendance, and participation and the resources and facilities provided by the school district or due to the student having an undiagnosed learning disability.

(Source: P.A. 99-592, eff. 7-22-16; 100-201, eff. 8-18-17.)

(105 ILCS 5/34-18.51a new)

Sec. 34-18.51a. Retention in grade 3 for reading or math deficiency.

(a) The parent or guardian of any kindergarten through grade 3 student who exhibits a deficiency in reading or math at any time during the school year must be notified, in writing, no later than 30 days after the identification of the reading or math deficiency, and the written notification must include all of the following:

(1) That his or her child has been identified as having a deficiency in reading or math and a reading or math improvement plan may be developed by the teacher, the principal, or other pertinent school personnel, along with the parent or guardian.

(2) A description of the current services that are provided to the child.

(3) A description of the proposed research-based reading or math intervention services and supplemental instructional services and support that will be provided to the child and that are designed to remedy the identified areas of reading or math deficiency.

(4) Notification that the parent or guardian will be informed in writing of his or her child's progress toward grade-level reading or math at least once every 2 weeks.

(5) Strategies for the parent or guardian to use at home to help his or her child succeed in reading or math.

(6) That if the child's reading or math deficiency is not corrected by the end of grade 3, the child will not be promoted to grade 4 unless a good cause exemption is met.

(7) That while the statewide reading and math assessment is the initial determinate for promotion, it is not the sole determinate at the end of grade 3 and students are provided with a test-based student portfolio option or an alternative standardized reading and math assessment option approved by the State Board of Education to demonstrate sufficient reading and math skills for promotion to grade 4.

(b) Beginning with 2022-2023 school year, grade 3 students must demonstrate sufficient reading and math skills for promotion to grade 4. Students may be provided with the following options to demonstrate sufficient reading or math skills for promotion to grade 4:

(1) scoring above a specific cut score, as determined by the State Board, on the grade 3 statewide English language arts and mathematics assessment;

(2) earning an acceptable score, as determined by the State Board, on an alternative standardized reading and math assessment approved by the State Board; or

(3) demonstrating mastery of all grade 3 State reading and math standards as evidenced through a test-based student reading and math portfolio. The State Board shall establish criteria for the student reading and math portfolio and to define mastery of all grade 3 State reading and math standards.

If the student cannot demonstrate sufficient reading or math skills under this subsection (b) and does not qualify for a good cause exemption under subsection (c), the student must be retained in grade 3. However, no student may be retained twice in grade 3.

(c) The board may exempt a student from mandatory retention as provided in subsection (b) only for good cause. A student who is promoted to grade 4 with a good cause exemption may continue to receive intensive reading or math intervention that includes specific reading or math strategies prescribed in the student's reading or math improvement plan until the deficiency is remedied. The school district may assist schools and teachers with the implementation of reading and math strategies that research has shown to be successful in improving reading and math among students with reading and math difficulties. Good cause exemptions may be limited to the following:

(1) Students with disabilities whose individualized education program indicates that participation in statewide assessments is not appropriate, consistent with State law.

(2) Students identified as English learners who have had less than 2 years of instruction in a transitional bilingual education program.

(3) Students with disabilities who participate in the statewide English language arts and mathematics assessment and who have an individualized education program or a federal Section 504 plan that reflects that the student has received intensive reading or math intervention for more than 2 years but still demonstrates a deficiency in reading or math and was previously retained in kindergarten, grade 1, grade 2, or grade 3.

(4) Students who have received intensive reading or math intervention for 2 or more years but still demonstrate a deficiency in reading or math and who were previously retained in kindergarten, grade 1, grade 2, or grade 3 for a total of 2 years.

(d) A request to exempt a student from the mandatory retention requirement using a good cause exemption under subsection (c) may be made consistent with the following:

(1) Documentation may be submitted from the student's teacher to the school's administration that indicates that the promotion of the student is appropriate. Such documentation may consist only of the good cause exemption being requested and the existing reading or math improvement plan or individualized education program, as applicable.

(2) The school's administration may review and discuss the promotion with the teacher and make a determination on whether the student meets the requirements for a good cause exemption. If the school's administration determines that the student meets the requirements for a good cause exemption based upon the documentation provided, the school's administration may make a recommendation, in writing, to the general superintendent of schools that the student be promoted. The superintendent may accept or reject the administration's recommendation, in writing.

(e) The school district may assist a school with providing written notification to the parent or guardian of any student who is retained. The notification shall state that the child has not met the reading or math level required for promotion, the reasons the child is not eligible for a good cause exemption, and that the child will be retained in grade 3. The notification must include a description of the proposed intervention services and support that will be provided to the child to remedy the identified areas of reading or math deficiency in the retained year.

(f) Beginning with the 2022-2023 school year, a student retained under subsection (b) must be provided intensive reading or math intervention to remedy the student's specific reading or math deficiency. The reading or math intervention services must include effective instructional strategies to accelerate student progress. The school district may conduct a review of the reading and math improvement plans of all students retained in grade 3 under subsection (b). The review may address additional support and services, as described in this subsection (f), needed to remedy the identified areas of reading or math deficiency. The district may provide any of the following to retained students:

(1) A highly effective teacher of reading or math as demonstrated by student reading or math performance data and teacher performance evaluations.

(2) Reading or math intervention services and support to correct the identified areas of reading or math deficiency, including, but not limited to:

(A) more dedicated time than in the previous school year to scientifically research-based reading or math instruction and intervention;

(B) the use of reading or math strategies or programs that are scientifically research-based and that have proven results in accelerating student reading or math achievement within the same school year;

(C) daily targeted small group reading or math intervention based on student needs;

(D) explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback; and

(E) frequent monitoring of the reading or math progress of each student's reading or math skills throughout the school year and an adjustment of instruction according to the student's needs.

(3) The option of a transitional instructional setting. Such setting may specifically be designed to produce learning gains sufficient to meet grade 4 performance standards in all other core academic areas while continuing to correct the areas of reading or math deficiency.

(4) Before-school or after-school supplemental research-based reading or math intervention delivered by a teacher or tutor with specialized reading or math training.

(5) An at-home plan outlined in a parental contract, including participation in parent-training workshops or regular parent-guided reading or math activities.

(g) On or before September 1 of each year, the board must report, in writing, to the State Board the following information for the prior school year:

(1) The board's policies and procedures on student retention and promotion.

(2) By grade, the number and percentage of all students in kindergarten through grade 3 performing below grade level on local and statewide assessments.

(3) By grade, the number and percentage of all students retained in kindergarten through grade 3.

(4) The total number and percentage of students in grade 3 who demonstrated sufficient reading or math skills on the test-based student portfolio for promotion.

(5) The total number and percentage of students in grade 3 who demonstrated sufficient reading or math skills on the alternative standardized reading and math assessment for promotion.

(6) The total number and percentage of students in grade 3 who were promoted for good cause, by each category of good cause listed under subsection (c).

(7) In succeeding school years, the performance of students promoted for good cause on the statewide English language arts and mathematics assessment.

(h) The State Board may provide technical assistance to aid the board in implementing this Section.

(i) The school district is exempt from the requirements of this Section if it can prove to the State Board that it already has an effective program.