S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8315
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Education
 
 AN  ACT  to amend the education law, in relation to establishing certain
   statewide literacy education programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 305 of the education law is amended by adding 4 new
 subdivisions 61, 62, 63, and 64 to read as follows:
   61.  THE COMMISSIONER SHALL ESTABLISH STANDARDS FOR AN EARLY EDUCATION
 PROGRAM TO BE PROVIDED BY A SCHOOL DISTRICT TO CHILDREN IN THE  DISTRICT
 AGED FOUR AND FIVE YEARS OLD. SUCH PROGRAM SHALL INCLUDE:
   (A)  STANDARDS  FOR  A  LOCALLY  DESIGNED, EVIDENCE-BASED PROGRAM THAT
 MEETS HEAD START 1 PROGRAM PERFORMANCE STANDARDS AND OTHER FEDERAL STAN-
 DARDS REQUIRED FOR EARLY EDUCATION PROGRAMS TO RECEIVE FEDERAL FUNDING;
   (B) A REQUIREMENT THAT A TEACHER IN CHARGE OF A PROGRAM HOLD  A  VALID
 TEACHING CERTIFICATE FROM THE STATE OF NEW YORK; AND EITHER
   (I)  HAVE  SATISFACTORILY  COMPLETED  A MINIMUM OF SIX CREDIT HOURS IN
 EARLY CHILDHOOD EDUCATION OR COMPLETE THE MINIMUM  CREDIT  HOURS  WITHIN
 TWO  YEARS OF THE DATE THE TEACHER'S EMPLOYMENT WITH THE EARLY EDUCATION
 PROGRAM BEGINS; OR
   (II) HAVE TWO OR MORE YEARS OF  EXPERIENCE  TEACHING  KINDERGARTEN  OR
 ANOTHER EARLY EDUCATION PROGRAM AND HAVE COMPLETED ADDITIONAL COURSEWORK
 RELATED TO READING INSTRUCTION, AS REQUIRED BY THE DEPARTMENT;
   (C)  DEVELOPMENTALLY APPROPRIATE OBJECTIVES FOR CHILDREN FOUR AND FIVE
 YEARS OF AGE;
   (D) ACCOMMODATIONS FOR THE NEEDS OF ALL EARLY EDUCATION  CHILDREN  AND
 THEIR FAMILIES REGARDLESS OF SOCIOECONOMIC CIRCUMSTANCES; AND
   (E) STANDARDS FOR DAY IN SESSION REQUIREMENTS APPROPRIATE FOR CHILDREN
 FOUR AND FIVE YEARS OF AGE.
   62.  (A)  THE  COMMISSIONER  SHALL  DESIGN  AND  IMPLEMENT A STATEWIDE
 PARENTS AS TEACHERS PROGRAM FOR THE BENEFIT OF CHILDREN  WHO  ARE  UNDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13621-01-3
              

 A. 8315                             2
 
 FIVE YEARS OF AGE. THE PROGRAM SHALL PROVIDE A SYSTEM OF EARLY CHILDHOOD
 EDUCATION THAT:
   (I) IS EVIDENCE-BASED;
   (II) INVOLVES PARENTS;
   (III)  IS  CONSISTENT  WITH  AVAILABLE RESEARCH AND BEST PRACTICES FOR
 HIGH QUALITY EARLY CHILDHOOD EDUCATION;
   (IV) INCORPORATES GUIDELINES  ADOPTED  BY  THE  DEPARTMENT  FOR  EARLY
 LEARNING THAT:
   (A) ENHANCE SCHOOL READINESS;
   (B)  INCREASE  PARENT  UNDERSTANDING OF CHILD DEVELOPMENT AND DEVELOP-
 MENTAL MILESTONES;
   (C) INCREASE  IDENTIFICATION  OF  HEALTH  PROBLEMS  AND  DEVELOPMENTAL
 DELAYS THROUGH REGULAR SCREENINGS; AND
   (D) INCREASE PARENTAL INVOLVEMENT; AND
   (V)  PROVIDES  FOR EFFECTIVE AND EFFICIENT COORDINATION WITH OR EXPAN-
 SION OF EARLY EDUCATION PROGRAMS OPERATING IN THE STATE, TO  THE  EXTENT
 PERMITTED BY LAW.
   (B)  A SCHOOL DISTRICT SHALL, TO THE EXTENT SPACE IS NEEDED AND AVAIL-
 ABLE, PROVIDE FOR THE USE OF A ROOM IN A SCHOOL AT NO CHARGE TO  SUPPORT
 THE  PROGRAM  ESTABLISHED  UNDER  THIS SUBDIVISION. THE DEPARTMENT SHALL
 DEVELOP AND ENTER INTO  LOCAL  PARTNERSHIPS  TO  IMPLEMENT  THE  PROGRAM
 ESTABLISHED UNDER THIS SUBDIVISION.
   63.  (A) THE COMMISSIONER SHALL ESTABLISH A READING PROGRAM TO PROVIDE
 DIRECT SUPPORT FOR AND INTERVENTION IN  INTENSIVE  READING  INTERVENTION
 SERVICES  ANNUALLY  IN  THE  LOWEST-PERFORMING  TWENTY-FIVE  PERCENT  OF
 SCHOOLS SERVING STUDENTS IN KINDERGARTEN THROUGH GRADE THREE  AS  DETER-
 MINED  BY  THE  COMMISSIONER.  THE COMMISSIONER SHALL DETERMINE HOW MANY
 SCHOOLS MAY BE ADEQUATELY SERVED BY THE DEPARTMENT'S READING SPECIALISTS
 AND SELECT SCHOOLS FROM THE LOWEST  PERFORMING  TWENTY-FIVE  PERCENT  OF
 SCHOOLS TO PARTICIPATE IN THE READING PROGRAM. A SCHOOL PARTICIPATING IN
 THE  READING  PROGRAM  THAT REMAINS IN THE LOWEST-PERFORMING TWENTY-FIVE
 PERCENT OF SCHOOLS MAY APPLY TO PARTICIPATE IN THE READING PROGRAM AGAIN
 IN THE FOLLOWING SCHOOL YEAR. SUCH PROGRAMS SHALL:
   (I) USE ACADEMIC AND READING PERFORMANCE DATA TO IDENTIFY LOW PERFORM-
 ING SCHOOLS;
   (II) ESTABLISH AN APPLICATION PROCESS FOR SCHOOL DISTRICTS TO APPLY TO
 PARTICIPATE IN THE PROGRAM;
   (III) SELECT LOW PERFORMING SCHOOLS FROM THE  SCHOOLS  THAT  APPLY  TO
 PARTICIPATE IN THE PROGRAM;
   (IV)  EMPLOY  AND ASSIGN READING SPECIALISTS TO DIRECT THE IMPLEMENTA-
 TION OF THE INTENSIVE READING INTERVENTION  SERVICES  ESTABLISHED  UNDER
 SECTION EIGHT HUNDRED EIGHTEEN OF THIS TITLE BY:
   (A)  MODELING EFFECTIVE INSTRUCTIONAL STRATEGIES FOR TEACHERS BY WORK-
 ING REGULARLY WITH STUDENTS AS A CLASS, IN SMALL GROUPS, OR  INDIVIDUAL-
 LY;
   (B)  COACHING  AND MENTORING TEACHERS AND STAFF IN READING INSTRUCTION
 WITH AN EMPHASIS ON PRIORITIZING TIME IN A MANNER THAT HAS THE  GREATEST
 POSITIVE EFFECTS ON STUDENT ACHIEVEMENT;
   (C) TRAINING TEACHERS IN DATA ANALYSIS AND USING DATA TO DIFFERENTIATE
 INSTRUCTION;
   (D) LEADING AND SUPPORTING READING LEADERSHIP TEAMS; AND
   (E) REPORTING ON SCHOOL AND STUDENT PERFORMANCE TO THE DEPARTMENT;
   (V)  ESTABLISH  A  REPORTING  PROCESS  FOR  EACH READING SPECIALIST TO
 SUBMIT UPDATES TO THE DEPARTMENT ON IMPLEMENTATION OF THE PROGRAM;
   (VI) WORK WITH READING  SPECIALISTS  TO  CREATE  SPECIFIC  IMPROVEMENT
 GOALS FOR EACH SCHOOL SELECTED, INCLUDING MEASURES OF INTERIM PROGRESS;
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   (VII)  SELECT AND PURCHASE ADDITIONAL READING MATERIAL FOR EACH SCHOOL
 SELECTED TO SUPPLEMENT THE INTENSIVE READING INTERVENTION SERVICES;
   (VIII)  PAY  TRAVEL  AND  ASSOCIATED COSTS FOR A READING SPECIALIST TO
 ATTEND RELEVANT TRAINING SESSIONS IDENTIFIED BY OR HOSTED BY THE DEPART-
 MENT; AND
   (IX) PERIODICALLY REVIEW STAFF DEVELOPMENT PROGRAMS FOR  THEIR  EFFEC-
 TIVENESS  IN  DEVELOPING  READING  SKILLS  AND,  AFTER CONSULTATION WITH
 SCHOOL DISTRICTS AND EXPERTS, RECOMMEND TO THE BOARD FOR APPROVAL  STAFF
 DEVELOPMENT PROGRAMS THAT:
   (A)  HAVE BEEN PROVEN TO ASSESS AND ACCELERATE STUDENT PROGRESS TOWARD
 REACHING READING COMPETENCY;
   (B) PROVIDE EXPLICIT AND SYSTEMATIC SKILL DEVELOPMENT IN THE AREAS  OF
 PHONEMIC  AWARENESS,  PHONICS,  VOCABULARY DEVELOPMENT, READING FLUENCY,
 ORAL LANGUAGE SKILLS, AND READING COMPREHENSION;
   (C) ARE EVIDENCE-BASED AND RELIABLE;
   (D) PROVIDE INITIAL AND ONGOING ANALYSIS OF  STUDENT  PROGRESS  TOWARD
 REACHING READING COMPETENCY; AND
   (E) INCLUDE TEXTS ON CORE ACADEMIC CONTENT TO ASSIST STUDENTS IN MAIN-
 TAINING OR MEETING GRADE-APPROPRIATE PROFICIENCY IN ACADEMIC SUBJECTS IN
 ADDITION TO READING.
   (B)  A  SCHOOL  SELECTED  TO PARTICIPATE IN THE READING PROGRAM ESTAB-
 LISHED UNDER THIS SUBDIVISION SHALL:
   (I) ENSURE THAT A READING SPECIALIST ASSIGNED TO  THE  SCHOOL  IS  NOT
 REQUIRED TO PERFORM FUNCTIONS THAT DIVERT FROM THE DUTIES THE DEPARTMENT
 HAS ASSIGNED TO THE READING SPECIALIST;
   (II) COORDINATE WITH THE READING SPECIALIST OR SPECIALISTS TO REDESIGN
 THE  SCHOOL'S  DAILY SCHEDULE TO DEDICATE TIME TO READING PROGRAM ACTIV-
 ITIES, INCLUDING INTENSIVE READING INTERVENTION SERVICES IDENTIFIED IN A
 WRITTEN AGREEMENT BETWEEN THE SCHOOL AND THE DEPARTMENT;
   (III) PRESENT ON THE READING PROGRAM ESTABLISHED  UNDER  THIS  SECTION
 AND  THE  INTENSIVE  READING  INTERVENTION  SERVICES  ESTABLISHED  UNDER
 SECTION EIGHT HUNDRED EIGHTEEN OF THIS TITLE AT A PUBLIC MEETING WITH  A
 PRESENTATION INCLUDING:
   (A)  THE  DATA  THE DEPARTMENT USED TO IDENTIFY THE SCHOOL AS ELIGIBLE
 FOR THE READING PROGRAM;
   (B) A DETAILED OVERVIEW OF THE READING PROGRAM AND  INTENSIVE  READING
 INTERVENTION SERVICES;
   (C)  A  TIMELINE  FOR  IMPLEMENTING THE INTENSIVE READING INTERVENTION
 SERVICES AND MEETING READING IMPROVEMENT GOALS; AND
   (D) THE IMPLICATIONS OF THE PROGRAM FOR STUDENTS, FAMILIES, AND EDUCA-
 TORS;
   (IV) PROVIDE NOTICE OF THE PUBLIC MEETING REQUIRED UNDER  SUBPARAGRAPH
 (III)  OF  THIS  PARAGRAPH  TO THE PARENT OR GUARDIAN OF EACH STUDENT AT
 LEAST SEVEN DAYS BEFORE THE DATE OF THE MEETING;
   (V) PRESENT AN ANNUAL UPDATE ON THE  SCHOOL'S  IMPLEMENTATION  OF  THE
 READING  PROGRAM AND INTENSIVE READING INTERVENTION SERVICES AT A PUBLIC
 MEETING WITH NOTICE PROVIDED TO THE PARENT OR GUARDIAN OF  EACH  STUDENT
 AT LEAST SEVEN DAYS BEFORE THE DATE OF THE MEETING; AND
   (VI) CREATE PARTNERSHIPS BETWEEN THE SCHOOL, THE FAMILIES OF STUDENTS,
 AND  THE  COMMUNITY  THAT  FOCUS ON PROMOTING READING AND INCREASING THE
 AMOUNT OF TIME THAT STUDENTS SPEND READING.
   (C) THE DEPARTMENT MAY EMPLOY A PERSON AS A READING  SPECIALIST  UNDER
 THIS SUBDIVISION IF THE PERSON:
   (I) HOLDS A VALID TEACHER CERTIFICATE FROM THE STATE OF NEW YORK;
   (II)  HAS COMPLETED AN APPROVED GRADUATE PROGRAM AT AN APPROVED INSTI-
 TUTION OF HIGHER EDUCATION; AND EITHER:
 A. 8315                             4
 
   (A) HAS COMPLETED A SUPERVISED PRACTICUM OR INTERNSHIP  AS  A  READING
 SPECIALIST; OR
   (B)  HAS  AT  LEAST  THREE  YEARS OF FULL-TIME, DEMONSTRATED CLASSROOM
 TEACHING EXPERIENCE WHERE READING INSTRUCTION WAS A PRIMARY RESPONSIBIL-
 ITY; AND
   (III) IS KNOWLEDGEABLE ABOUT AND DEMONSTRATES  COMPETENCY  IN  READING
 INSTRUCTION, INCLUDING:
   (A) AN UNDERSTANDING OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVEL-
 OPMENT,  READING  FLUENCY,  ORAL LANGUAGE SKILLS, AND READING COMPREHEN-
 SION;
   (B) KNOWLEDGE OF AND  EXPERIENCE  IN  IMPLEMENTING  EFFECTIVE  READING
 INSTRUCTION STRATEGIES AND INTERVENTION METHODS;
   (C) EXPERIENCE IN DESIGNING AND IMPLEMENTING A SCHOOL-WIDE RESPONSE TO
 AN INTERVENTION PROGRAM OR MULTI-TIERED SYSTEM SUPPORT MODEL;
   (D)  AN UNDERSTANDING OF AND EXPERIENCE IN READING SCREENINGS AND DATA
 ANALYSES THAT INFORM INSTRUCTION;
   (E) KNOWLEDGE OF DYSLEXIA AND OTHER  LEARNING  DISORDERS  THAT  AFFECT
 READING ACHIEVEMENT; AND
   (F) KNOWLEDGE OF AND AN ABILITY TO EFFECTIVELY ARTICULATE THE METHODS,
 ISSUES,  AND  RESOURCES  INVOLVED IN SUPPORT OF STUDENT INSTRUCTION TO A
 WIDE VARIETY OF AUDIENCES, INCLUDING STAFF, PARENTS, AND STUDENTS  WHOSE
 PRIMARY LANGUAGE IS OTHER THAN ENGLISH.
   64.  THE  COMMISSIONER, TO IMPLEMENT THE DISTRICT READING INTERVENTION
 SERVICES ESTABLISHED UNDER SECTION EIGHT HUNDRED EIGHTEEN OF THIS TITLE,
 SHALL:
   (A) ADOPT A STATEWIDE SCREENING TOOL  TO  ADMINISTER  TO  STUDENTS  IN
 KINDERGARTEN THROUGH GRADE THREE TO IDENTIFY STUDENTS WITH READING DEFI-
 CIENCIES,  INCLUDING  STUDENTS  WITH  CHARACTERISTICS  OF  DYSLEXIA; THE
 SCREENING TOOL MUST EVALUATE:
   (I) PHONEMIC AWARENESS, LETTER NAMING FLUENCY, LETTER  SOUND  FLUENCY,
 AND LETTER WORD SOUND FLUENCY OF STUDENTS IN KINDERGARTEN;
   (II) LETTER WORD SOUND FLUENCY AND ORAL READING FLUENCY OF STUDENTS IN
 GRADE ONE; AND
   (III)  VOCABULARY  AND  ORAL READING FLUENCY OF STUDENTS IN GRADES TWO
 AND THREE;
   (B) SUPPORT TEACHERS OF KINDERGARTEN THROUGH GRADE THREE BY:
   (I) ADMINISTERING THE STATEWIDE SCREENING TOOL THREE TIMES EACH SCHOOL
 YEAR, ONCE IN THE FALL, ONCE IN THE WINTER, AND ONCE IN THE  SPRING,  TO
 ALL  STUDENTS IN KINDERGARTEN THROUGH GRADE THREE, WITH THE EXCEPTION OF
 STUDENTS WHO DEMONSTRATE SUFFICIENT READING SKILLS ON THE FIRST  SCREEN-
 ING OF THE SCHOOL YEAR;
   (II) PROVIDING METHODS TO MONITOR STUDENT PROGRESS;
   (III)  PROVIDING TARGETED INSTRUCTION BASED ON STUDENT NEEDS AS DETER-
 MINED BY THE RESULTS OF THE SCREENING TOOL; AND
   (IV) PROVIDING ADDITIONAL ASSISTANCE AS DETERMINED BY THE DEPARTMENT;
   (C) PROVIDE TRAINING TO SCHOOL DISTRICT STAFF  RELATED  TO  USING  THE
 RESULTS OF THE STATEWIDE SCREENING TOOL AND UNDERSTANDING EVIDENCE-BASED
 READING  INTERVENTIONS, INCLUDING EXPLICIT AND SYSTEMATIC INSTRUCTION IN
 PHONEMIC AWARENESS, PHONICS, VOCABULARY  DEVELOPMENT,  READING  FLUENCY,
 ORAL LANGUAGE SKILLS, AND READING COMPREHENSION;
   (D)  REQUIRE  THAT  DISTRICTS  IDENTIFY  THE  EARLY EDUCATION PROGRAMS
 ATTENDED BY STUDENTS AND REPORT TO THE DEPARTMENT THE AVERAGE  SCORE  ON
 EACH  PERFORMANCE  SCREENING  TOOL  BY  STUDENTS  IN GRADES KINDERGARTEN
 THROUGH THREE WHO:
   (I) ATTENDED A STATE-APPROVED EARLY EDUCATION PROGRAM;
   (II) ATTENDED A HEAD START PROGRAM;
 A. 8315                             5
 
   (III) ATTENDED A PRIVATE EARLY EDUCATION PROGRAM; AND
   (IV) DID NOT ATTEND AN EARLY EDUCATION PROGRAM;
   (E)  ESTABLISH  A  PROCESS THAT ALLOWS THE COMMISSIONER TO WAIVE, UPON
 REQUEST, USE  OF  THE  STATEWIDE  SCREENING  TOOL  REQUIRED  UNDER  THIS
 SUBSECTION  BY  A  SCHOOL DISTRICT IF THE SCHOOL DISTRICT HAS ADOPTED AN
 EVIDENCE-BASED READING SCREENING TOOL AND THE SCREENING TOOL IS APPROVED
 BY THE DEPARTMENT; AND
   (F) REVIEW,  APPROVE,  AND  ASSIST  DISTRICTS  DEVELOPING  ALTERNATIVE
 STANDARDIZED  READING  SCREENING TOOLS IN ANY LANGUAGE FOR USE BY SCHOOL
 DISTRICTS.
   § 2. The education law is amended by adding a new section 818 to  read
 as follows:
   §  818.  DISTRICT  READING  INTERVENTION  PROGRAM.  1. (A) EACH SCHOOL
 DISTRICT SHALL OFFER INTENSIVE READING INTERVENTION SERVICES TO STUDENTS
 IN KINDERGARTEN THROUGH GRADE THREE WHO EXHIBIT A READING DEFICIENCY  TO
 ASSIST STUDENTS IN ACHIEVING READING PROFICIENCY AT OR ABOVE GRADE LEVEL
 BY  THE  END  OF  GRADE THREE. THE DISTRICT SHALL PROVIDE SUCH INTENSIVE
 READING INTERVENTION SERVICES IN ADDITION TO THE CORE  READING  INSTRUC-
 TION  THAT  IS  PROVIDED TO ALL STUDENTS IN THE GENERAL EDUCATION CLASS-
 ROOM. THE INTENSIVE READING INTERVENTION SERVICES SHALL:
   (I) BE PROVIDED BY A DISTRICT  READING  TEACHER,  OR  PARAPROFESSIONAL
 UNDER  THE  SUPERVISION  OF A READING TEACHER, TO ALL STUDENTS IN GRADES
 KINDERGARTEN THROUGH THREE WHO ARE DETERMINED TO HAVE  A  READING  DEFI-
 CIENCY  BASED  ON THE STATEWIDE SCREENING TOOL ADOPTED UNDER SUBDIVISION
 SIXTY-FOUR OF SECTION THREE HUNDRED FIVE OF THIS TITLE;
   (II) PROVIDE EXPLICIT AND SYSTEMATIC INSTRUCTION  IN  PHONEMIC  AWARE-
 NESS,  PHONICS,  VOCABULARY  DEVELOPMENT, READING FLUENCY, ORAL LANGUAGE
 SKILLS, AND READING COMPREHENSION, AS NECESSARY;
   (III) USE EVIDENCE-BASED READING INTERVENTION METHODS THAT HAVE  SHOWN
 PROVEN RESULTS IN ACCELERATING STUDENT READING ACHIEVEMENT;
   (IV)  INCLUDE INSTRUCTION WITH DETAILED EXPLANATIONS, EXTENSIVE OPPOR-
 TUNITIES FOR GUIDED PRACTICE, AND OPPORTUNITIES FOR ERROR CORRECTION AND
 FEEDBACK;
   (V) INCORPORATE DAILY TARGETED SMALL GROUP READING  INSTRUCTION  BASED
 ON STUDENT NEEDS;
   (VI)  MONITOR  THE  READING  PROGRESS OF EACH STUDENT'S READING SKILLS
 THROUGHOUT THE SCHOOL YEAR AND ADJUST INSTRUCTION ACCORDING  TO  STUDENT
 NEEDS;
   (VII) BE IMPLEMENTED DURING REGULAR SCHOOL HOURS THROUGH ANY AVAILABLE
 METHOD,  INCLUDING  IN  PERSON OR THROUGH ONLINE DELIVERY BY TEACHERS OR
 SPECIALTY READING COACHES;
   (VIII) BE REVIEWED BASED ON A DEPARTMENT-APPROVED RESPONSE  TO  INTER-
 VENTION  OR  MULTI-TIERED  SYSTEM  SUPPORT MODELS, ADDRESSING ADDITIONAL
 SUPPORT AND SERVICES NEEDED TO REMEDY IDENTIFIED NEEDS; AND
   (IX) SUPPORT READING INTERVENTION AT HOME BY PARENTS OR  GUARDIANS  BY
 OFFERING A LIST OF ADULT LITERACY RESOURCES AND ORGANIZATIONS, PROVIDING
 OPPORTUNITIES  FOR  PARENT  OR  GUARDIAN PARTICIPATION IN TRAINING WORK-
 SHOPS, AND ENCOURAGING REGULAR PARENT OR  GUARDIAN-GUIDED  HOME  READING
 ACTIVITIES.
   (B)  IN  ADDITION  TO THE READING INTERVENTION SERVICES PROVIDED UNDER
 PARAGRAPH (A) OF THIS SUBDIVISION, A SCHOOL DISTRICT  SHALL  PROVIDE  AN
 INDIVIDUAL  READING  IMPROVEMENT  PLAN  FOR EACH STUDENT IN KINDERGARTEN
 THROUGH GRADE THREE WHO IS DETERMINED TO HAVE A READING DEFICIENCY BASED
 ON THE STATEWIDE SCREENING TOOL. AN INDIVIDUAL READING IMPROVEMENT  PLAN
 DEVELOPED UNDER THIS SECTION MUST:
 A. 8315                             6
 
   (I)  BE IMPLEMENTED NOT LATER THAN THIRTY DAYS AFTER IDENTIFICATION OF
 THE READING DEFICIENCY;
   (II)  BE CREATED BY THE STUDENT'S READING TEACHER IN CONSULTATION WITH
 THE SCHOOL PRINCIPAL, THE STUDENT'S PARENT OR GUARDIAN, AND OTHER PERTI-
 NENT DISTRICT STAFF;
   (III) DESCRIBE THE EVIDENCE-BASED READING  INTERVENTION  SERVICES  THE
 STUDENT  WILL  RECEIVE  TO  ACHIEVE  AND  DEMONSTRATE SUFFICIENT READING
 SKILLS;
   (IV) INCLUDE A PROCESS FOR MONITORING PROGRESS AND ADJUSTING THE  PLAN
 BASED ON STUDENT NEEDS; AND
   (V)  PROVIDE  TO THE STUDENT'S PARENT OR GUARDIAN AT LEAST TEN READING
 PROGRESS UPDATES EACH SCHOOL YEAR.
   2. A STUDENT IN  GRADE  THREE  SHALL  DEMONSTRATE  SUFFICIENT  READING
 SKILLS TO PROGRESS TO GRADE FOUR. IF IT IS DETERMINED, BASED ON A STATE-
 WIDE SCREENING ADMINISTERED IN THE SPRING, THAT A STUDENT IN GRADE THREE
 HAS  A  READING  DEFICIENCY, AND THE STUDENT DOES NOT DEMONSTRATE SUFFI-
 CIENT READING SKILLS TO PROGRESS TO GRADE FOUR,  THE  STUDENT'S  TEACHER
 AND OTHER PERTINENT DISTRICT STAFF SHALL NOTIFY AND ATTEMPT TO MEET WITH
 THE  STUDENT'S  PARENT  OR GUARDIAN NO LATER THAN FORTY-FIVE DAYS BEFORE
 THE END OF THE SCHOOL YEAR TO EXPLAIN THAT THE STUDENT IS  NOT  PREPARED
 TO PROGRESS TO GRADE FOUR. FOLLOWING SUCH MEETING, THE PARENT OR GUARDI-
 AN MAY DECIDE THAT THE STUDENT WILL NOT PROGRESS TO GRADE FOUR OR DECIDE
 TO  PROGRESS  THE STUDENT TO GRADE FOUR BY SIGNING A WAIVER DEVELOPED BY
 THE DEPARTMENT ACKNOWLEDGING THAT THE STUDENT IS NOT PREPARED AND AGREE-
 ING THAT THE STUDENT WILL PARTICIPATE IN AN ADDITIONAL TWENTY  HOURS  OF
 INDIVIDUAL  READING  IMPROVEMENT  PLAN  INTERVENTION SERVICES DURING THE
 SUMMER BEFORE THE STUDENT ENTERS GRADE FOUR. IF NO  PARENT  OR  GUARDIAN
 ATTENDS  THE  MEETING  OR  IF  THE PARENT OR GUARDIAN DOES NOT DETERMINE
 WHETHER THE STUDENT WILL PROGRESS TO THE NEXT GRADE, THE  SUPERINTENDENT
 OR  THE SUPERINTENDENT'S DESIGNEE SHALL, AFTER CONSIDERING THE STUDENT'S
 BEST INTERESTS AND WHETHER THE STUDENT HAS PREVIOUSLY NOT PROGRESSED  TO
 THE  NEXT  GRADE,  DETERMINE  WHETHER THE STUDENT WILL PROGRESS TO GRADE
 FOUR. IF A SUPERINTENDENT OR SUPERINTENDENT'S DESIGNEE  DECIDES  THAT  A
 STUDENT  IN  KINDERGARTEN  THROUGH  GRADE THREE WILL NOT PROGRESS TO THE
 NEXT GRADE, THE DISTRICT OR SCHOOL IN  WHICH  THE  STUDENT  IS  ENROLLED
 SHALL  PROVIDE  IMMEDIATE ORAL AND WRITTEN NOTIFICATION TO THE STUDENT'S
 PARENT OR GUARDIAN. UPON SUCH  NOTIFICATION,  THE  STUDENT'S  PARENT  OR
 GUARDIAN  RETAINS  THE  RIGHT  TO  PROGRESS THE STUDENT TO GRADE FOUR BY
 SIGNING A WAIVER DEVELOPED BY  THE  DEPARTMENT  ACKNOWLEDGING  THAT  THE
 STUDENT  IS  NOT PREPARED AND AGREEING THAT THE STUDENT WILL PARTICIPATE
 IN AN ADDITIONAL TWENTY HOURS OF  INDIVIDUAL  READING  IMPROVEMENT  PLAN
 INTERVENTION  SERVICES DURING THE SUMMER BEFORE THE STUDENT ENTERS GRADE
 FOUR.
   § 3. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.