K-3 reading; promotion; retention; penalties

HB2480 - 572R - I Ver

REFERENCE TITLE:
K-3 reading; promotion; retention; penalties

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2480

Introduced by

Representative
Gress

AN
ACT

amending title 15, chapter 2, article 1,
Arizona Revised Statutes, by adding section 15-211.01; amending section
15-701, Arizona Revised Statutes; relating to school curricula.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 15, chapter 2, article 1,
Arizona Revised Statutes, is amended by adding section 15-211.01, to read:

START_STATUTE
15-211.01.

K-3 reading program; withholding of state monies; remediation
plan

A. THE state board of education shall
direct the superintendent of public instruction to withhold ten percent of the
state monies that a school district or charter school would otherwise be
entitled to receive each month if the percentage of third grade STUDENTS who
are enrolled in the school district or charter school and who score above the
two lowest achievement levels on the reading portion of the statewide
assessment is less than:

1. Fifty percent in the 2027-2028
school year.

2. Sixty percent in the 2028-2029
school year.

3. Seventy-five percent in the
2029-2030 school year.

B. A school district or charter
school that is subject to the withholding of state monies pursuant to
subsection A of this section may submit to the state board of education a
remediation plan for improving the reading proficiency of the school district's
or charter school's students in kindergarten programs and grades one, two and
three.� If the state board approves a school district's or charter school's
remediation plan, the department of education shall return monies that were
withheld pursuant to subsection A of this section to the school district or
charter school.� the school district or charter school may use monies returned
pursuant to this subsection only for instruction purposes based on the
remediation plan or the plan submitted pursuant to section 15-211,
subsection D.
END_STATUTE

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

START_STATUTE
15-701.

Common schools; promotions; requirements; certificate;
supervision of eighth grades by superintendent of high school district; high
school admissions; academic credit; definition

A. The state board of education shall:

1. Prescribe a minimum course of study incorporating
the academic standards adopted by the state board of education to be taught in
the common schools.

2. Prescribe competency requirements for the
promotion of pupils from the eighth grade and competency requirements for the
promotion of pupils from the third grade that incorporate the academic
standards in at least the areas of reading, writing, mathematics, science and
social studies.� The competency requirements for the promotion of pupils from
the third grade shall include the following:

(a) A requirement
that a pupil not be promoted from the third grade if the pupil obtains a score
on the reading portion of the statewide assessment that
does not
demonstrate sufficient reading skills as established by the state board
is in one of the two lowest achievement levels
. A
pupil may not be retained pursuant to this subdivision if data regarding the
pupil's performance on the statewide assessment is not available before the end
of the current academic year
and may not be retained more than
once
. A pupil who is not retained due to the unavailability
of test data must receive evidence-based intervention and remedial
strategies pursuant to subdivision (c) of this paragraph if the
third
grade assessment data subsequently does not demonstrate sufficient reading
skills

pupil obtains a score on the reading portion of
the statewide assessment that is in one of the two lowest achievement levels
.

(b) A mechanism to allow a school district governing
board or charter school governing body to promote from the third grade a pupil
who
does not demonstrate sufficient reading skills

obtains a score on the reading portion of the statewide assessment
that is in one of the two lowest achievement levels
pursuant to
subdivision (a) of this paragraph if
the pupil's parent does not
elect to have the pupil retained and the teacher who provides literacy
instruction to the pupil notifies the school principal or highest ranking
school official in writing that the pupil should be promoted from the third
grade because an exception to the retention requirement applies and the pupil's
promotion is approved by a majority vote of the school district governing board
or charter school governing body not more than ten school days after the date
on which the teacher notifies the school principal or highest ranking school
official pursuant to this subdivision.� For the purposes of this subdivision,
an exception to the retention requirement may apply only if
the pupil:

(i) Is an English learner or a limited English
proficient student as defined in section 15-751 and has had fewer than
three

two
years of English language
instruction.

(ii) Is in the process of a special education
referral or evaluation for placement in special education, has been diagnosed
as having a significant reading impairment, including dyslexia, or is a child
with a disability as defined in section 15-761 if the pupil's
individualized education program team and the pupil's parent or guardian agree
that promotion is appropriate based on the pupil's individualized education
program.

(iii) Has demonstrated or subsequently demonstrates
sufficient reading skills or adequate progress toward sufficient reading skills
of the third grade reading standards as evidenced through a collection of
reading assessments approved by the state board of education, which includes an
alternative standardized reading assessment approved by the state board.

(iv)
Receives

Received

intervention and remedial services
during the summer or a
subsequent

for at least two
school
year

years
pursuant to subdivision (c)

of
this paragraph and
demonstrates sufficient progress based on
guidelines issued pursuant to subsection B, paragraph 7 of this section
was retained in a kindergarten program or any of grades one through
three for a total of at least two years
.

(c) Evidence-based intervention and remedial
strategies developed by the state board of education for pupils who are not
promoted from the third grade. A school district governing board or
charter school governing body shall offer more than one of the intervention and
remedial strategies developed by the state board of education. The
parent or guardian of a pupil who is not promoted from the third grade and the
pupil's teacher and principal may choose the most appropriate intervention and
remedial strategies that will be provided to that pupil. The
intervention and remedial strategies developed by the state board of education
shall include:

(i) A requirement that the pupil be assigned for
evidence-based reading instruction by a different teacher who was
designated in that teacher's most recent performance evaluation in one of the
top two performance classifications.

(ii) Summer school reading instruction.

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

(iv) Small group and teacher-led evidence-based
reading instruction, which may include computer-based or online reading
instruction.

(d) A requirement that a school district governing
board or charter school governing body that promotes a pupil pursuant to
subdivision (b) of this paragraph provide annual reporting to the department of
education on or before October 1 that includes information on the total number
of pupils subject to the retention provisions of subdivision (a) of this
paragraph, the total number of students promoted pursuant to subdivision (b) of
this paragraph, the total number of pupils retained in grade three and the interventions
administered pursuant to subdivision (c) of this paragraph.

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

4. Develop evidence-based intervention and remedial
strategies pursuant to paragraph 2, subdivision (c) of this subsection for
pupils in kindergarten programs and grades one through three who are identified
as having reading deficiencies pursuant to section 15-704.

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

B. School districts and charter schools shall
provide annual written notification to parents of pupils in kindergarten
programs and first, second and third grades that a pupil who
does
not demonstrate sufficient reading skills pursuant to subsection A of this
section

obtains a score on the reading portion of the
statewide assessment that is in one of the two lowest achievement levels

will not be promoted from the third grade. School districts and
charter schools shall identify each pupil who is at risk of reading below grade
level in kindergarten and grades one, two and three and shall provide to the
parent of that pupil a specific written notification of the reading deficiency
within three weeks after identifying the reading deficiency. The notification
shall include the following information:

1. A description of the pupil's specific individual
needs.

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

3. A description of the available supplemental
instructional services and supporting programs that are designed to remediate
reading deficiencies.� Each school district or charter school shall offer more
than one evidence-based intervention strategy and more than one remedial
strategy developed by the state board of education for pupils with reading
deficiencies.
A school district or charter school may
offer an intensive acceleration class that provides reading instruction and
intervention to any pupil who is not promoted from the third grade until the
pupil demonstrates sufficient reading skills on an alternative standardized
reading assessment approved by the state board.
The
notification
pursuant to this subsection
shall list the
intervention and remedial strategies offered and shall instruct the parent to
choose, in consultation with the pupil's teacher, the most appropriate
strategies to be provided and implemented for that child.

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

5. The frequency with which the school district or
charter school will provide timely updates and information to the parent on the
pupil's progress toward reading proficiency.

6. A statement that the pupil will not be promoted
from the third grade if the pupil
does not demonstrate sufficient
reading skills pursuant to subsection A, paragraph 2, subdivision (a) of this
section

obtains a score on the reading portion of the
statewide assessment that is in one of the two lowest achievement levels
,
unless the pupil is exempt from mandatory retention in grade three or the pupil
qualifies for an exemption pursuant to subsection A, paragraph 2, subdivision
(b) of this section.

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

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

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

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

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

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

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

G. Within any high school district or union high
school district, the superintendent of the high school district shall supervise
the work of the eighth grade of all schools that do not employ a superintendent
or principal.

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

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

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

K. For the purposes of this section,
"dyslexia" means a condition that:

1. Is neurological in origin.

2. Is characterized by difficulties with accurate or
fluent word recognition and by poor spelling and decoding abilities, including
difficulties that typically result from a deficit in the phonological component
of language that is often unexpected in relation to other cognitive abilities
and to the provision of effective classroom instruction.

3. May include secondary consequences such as
problems with reading comprehension and reduced reading experience that may
impede the growth of vocabulary and background knowledge.
END_STATUTE