Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1442
103RD GENERAL ASSEMBLY
6063S.02C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 161.097, 161.241, 167.268, and 167.645, RSMo, and to enact in lieu thereof
four new sections relating to literacy of elementary school students.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 161.097, 161.241, 167.268, and 1
167.645, RSMo, are repealed and four new sections enacted in 2
lieu thereof, to be known as sections 161.097, 161.241, 167.268, 3
and 167.645, to read as follows:4
161.097. 1. The state board of education shall 1
establish standards and procedures by which it will evaluate 2
all teacher training institutions in this state for the 3
approval of teacher education programs. The state board of 4
education shall not require teacher training institutions to 5
meet national or regional accreditation as a part of its 6
standards and procedures in making those evaluations, but it 7
may accept such accreditations in lieu of such approval if 8
standards and procedures set thereby are at least as 9
stringent as those set by the board. The state board of 10
education's standards and procedures for evaluating teacher 11
training institutions shall equal or exceed those of 12
national or regional accrediting associations. 13
2. There is hereby established within the department 14
of elementary and secondary education the "Missouri Advisory 15
Board for Educator Preparation", hereinafter referred to as 16
SCS SB 1442 2
"MABEP". The MABEP shall advise the state board of 17
education and the coordinating board for higher education 18
regarding matters of mutual interest in the area of quality 19
educator preparation programs in Missouri. The advisory 20
board shall include at least three active elementary or 21
secondary classroom teachers and at least three faculty 22
members within approved educator preparation programs. The 23
classroom teacher members shall be selected to represent 24
various regions of the state and districts of different 25
sizes. The faculty representatives shall represent 26
institutions from various regions of the state and sizes of 27
programs. The advisory board shall hold regular meetings 28
that allow members to share needs and concerns and plan 29
strategies to enhance teacher preparation. 30
3. Upon approval by the state board of education of 31
the teacher education program at a particular teacher 32
training institution, any person who graduates from that 33
program, and who meets other requirements which the state 34
board of education shall prescribe by rule, regulation and 35
statute shall be granted a certificate or license to teach 36
in the public schools of this state. However, no such rule 37
or regulation shall require that the program from which the 38
person graduates be accredited by any national or regional 39
accreditation association. 40
4. The state board of education shall, in consultation 41
with MABEP, align literacy and reading instruction 42
coursework for teacher education programs in early 43
childhood, kindergarten to fifth grade elementary teacher 44
certification, middle school communication arts, high school 45
communication arts, and all reading and special education 46
certificates to include the following: 47
SCS SB 1442 3
(1) Teacher candidates shall receive classroom and 48
clinical training in: 49
(a) The core components of reading, including phonemic 50
awareness, phonics, fluency, comprehension, morphology, 51
syntax, and vocabulary; 52
(b) Oral and written language development; and 53
(c) Identification of reading deficiencies, dyslexia, 54
and other language difficulties; 55
(2) Teacher candidates shall also have training on: 56
(a) The selection and use of high-quality reading 57
curricula and instructional materials that do not include 58
the three-cueing system model as defined in section 170.014; 59
(b) The administration and interpretation of 60
assessments; 61
(c) How to translate assessment results into effective 62
practice in the classroom specific to the needs of students; 63
and 64
(d) Additional best practices in the field of literacy 65
instruction as recommended by the literacy advisory council 66
pursuant to section 186.080; 67
(3) Educator preparation programs shall not include 68
instruction in, or endorsement of, the three-cueing system 69
model of reading instruction as defined in section 170.014. 70
5. Beginning July 1, 2027, the department of 71
elementary and secondary education shall annually review and 72
publicly report on the compliance of educator preparation 73
programs with subsection 4 of this section. The review 74
shall include an evaluation of whether instruction is 75
grounded in the components of evidence-based reading 76
instruction, such as phonological awareness, phonics, 77
fluency, vocabulary, comprehension, morphology, syntax, and 78
semantics. The review shall also include an evaluation of 79
SCS SB 1442 4
whether prohibited practices, including three-cueing as 80
defined in section 170.014, are excluded from coursework. 81
Educator preparation programs not in compliance with 82
subsection 4 of this section shall not be approved to 83
certify new teachers. 84
6. Any rule or portion of a rule, as that term is 85
defined in section 536.010, that is created under the 86
authority delegated in this section shall become effective 87
only if it complies with and is subject to all of the 88
provisions of chapter 536 and, if applicable, section 89
536.028. This section and chapter 536 are nonseverable and 90
if any of the powers vested with the general assembly 91
pursuant to chapter 536 to review, to delay the effective 92
date, or to disapprove and annul a rule are subsequently 93
held unconstitutional, then the grant of rulemaking 94
authority and any rule proposed or adopted after August 28, 95
2014, shall be invalid and void. 96
161.241. 1. The state board of education, in 1
collaboration with the coordinating board for higher 2
education and the commissioner's advisory council under 3
section 186.080, shall develop a plan to establish a 4
comprehensive system of services for reading instruction. 5
2. The state board of education shall establish and 6
periodically update a statewide literacy plan that supports 7
high quality, evidence-based reading instruction for all 8
students. 9
3. The state board of education shall create an office 10
of literacy. The commissioner of education shall coordinate 11
staff with roles relating to literacy and align staff work 12
around supporting best practices in reading instruction. 13
SCS SB 1442 5
4. The state board of education shall align literacy 14
and reading instruction coursework for teacher education 15
programs as required under subsection 4 of section 161.097. 16
5. Subject to appropriation, the department of 17
elementary and secondary education shall recruit and employ 18
quality teacher trainers with expertise in reading 19
instruction and provide opportunities for evidence-based 20
professional development in reading instruction available 21
for all active teachers. 22
6. The department shall maintain and publish data on 23
reading outcomes, provided that the report shall not include 24
individually identifiable student data. 25
7. The department shall publish criteria and examples 26
to help districts and schools select and use evidence-based 27
reading curricula and instructional materials. 28
Additionally, the department shall publish a list of 29
curricula that ensure instruction is explicit, systematic, 30
diagnostic, and based on phonological awareness, phonics, 31
fluency, vocabulary, comprehension, morphology, syntax, and 32
semantics. This shall be a resource to districts. 33
8. The department shall provide online tools and 34
training for active teachers on evidence-based reading 35
instruction. 36
9. There is hereby created in the state treasury the 37
"Evidence-based Reading Instruction Program Fund". The fund 38
shall be administered by the department and used to 39
reimburse school districts and charter schools for efforts 40
to improve student literacy, including, but not limited to: 41
initiatives that provide optional training and materials to 42
teachers regarding best practices in reading pedagogies; 43
resources for parents and guardians to assist them in 44
teaching their children to read; funding for reading 45
SCS SB 1442 6
tutoring programs outside of regular school hours; stipends 46
for teachers who undergo additional training in reading 47
instruction, which may also count toward professional 48
development requirements; and funding for summer reading 49
programs. The fund shall consist of moneys appropriated 50
annually by the general assembly from general revenue to 51
such fund, any moneys paid into the state treasury and 52
required by law to be credited to such fund, and any gifts, 53
bequests, or donations to such fund. The fund shall be kept 54
separate and apart from all other moneys in the state 55
treasury and shall be paid out by the state treasurer 56
pursuant to chapter 33. Notwithstanding the provisions of 57
section 33.080 to the contrary, moneys in the fund at the 58
end of the biennium shall not be transferred to the credit 59
of the general revenue fund. All interest and moneys earned 60
on the fund shall be credited to the fund. 61
10. Subject to appropriation, the department of 62
elementary and secondary education shall remit to each 63
school district and charter school five hundred dollars for 64
each grade four student enrolled in such school district or 65
charter school who exhibited a substantial reading 66
deficiency in any of grades kindergarten to grade three, or 67
who was identified as dyslexic, and who subsequently scores 68
at the proficient level or higher in reading on the annual 69
summative English language arts assessment administered to 70
grade four students. 71
167.268. 1. Each school district and charter school 1
shall have on file a policy for reading success plans. Each 2
school district and charter school shall provide all parents 3
and guardians of students, including parents of students who 4
are identified as having a substantial deficiency in reading 5
SCS SB 1442 7
under subsection [1] 2 of section 167.645, with suggestions 6
for regular parent-guided home reading. 7
2. The department of elementary and secondary 8
education shall develop guidelines to assist districts and 9
charter schools in formulating policies for reading success 10
plans. Such guidelines may include, but are not limited to, 11
measures of reading proficiency, strategies for addressing 12
reading deficiencies, timelines for measuring pupil 13
improvement in reading, and information on screening of 14
dyslexia. Such guidelines may also identify performance 15
levels for pupils identified as handicapped or severely 16
handicapped and conditions under which such pupils may be 17
exempt from the provisions of this section and section 18
167.645. 19
3. Each school district and charter school shall 20
provide intensive reading instruction to students as 21
provided in section 167.645. 22
167.645. 1. Each school district and charter school 1
shall assess all students enrolled in kindergarten through 2
grade three [at the beginning and end of each school year] 3
during three annual administration windows established by 4
the department of elementary and secondary education for 5
their level of reading or reading readiness on state- 6
approved reading assessments. Additionally, all school 7
districts and charter schools shall assess any newly 8
enrolled student in grades one through five for their level 9
of reading or reading readiness on a reading assessment from 10
the state-approved list. 11
2. At the beginning of the school year, each school 12
district and charter school shall provide a reading success 13
plan to any student who: 14
SCS SB 1442 8
(1) Exhibits a substantial deficiency in reading which 15
creates a barrier to the child's progress learning to read. 16
The identification of such deficiency may be based upon the 17
most recent assessments [or teacher observation]; or 18
(2) Has been identified as being at risk of dyslexia 19
in the statewide dyslexia screening or has a formal 20
diagnosis of dyslexia. 21
For the purposes of this section, a substantial reading 22
deficiency shall refer to a student who is one or more grade 23
level or levels behind in reading or reading readiness; 24
provided that nothing in this section shall be interpreted 25
to prevent a school district or charter school from offering 26
a reading success plan to any student based on an assessment 27
completed [at the start and end of the school year] during 28
the three administration windows or based on teacher 29
observation. For any student entering the school district 30
or charter school after the start of the school year, such 31
student shall be provided a reading success plan in the 32
event the student has been identified as having a 33
substantial reading deficiency based on the student's most 34
recent assessment [or otherwise being identified through 35
teacher observation]. The student's reading proficiency 36
shall be reassessed by reading assessments on the state- 37
approved list. The student shall continue to be provided 38
with intensive reading instruction under a reading success 39
plan until the reading deficiency is remedied. 40
[2.] 3. The district or charter school shall notify 41
the parent or guardian of any student in kindergarten 42
through grade three who exhibits a substantial deficiency in 43
reading, as described in subsection [1] 2 of this section, 44
at least annually in writing, and in an appropriate, 45
SCS SB 1442 9
alternative manner for the parent or other guardian if 46
necessary, of the following: 47
(1) That the child has been identified as having a 48
substantial deficiency in reading; 49
(2) A description of the services currently provided 50
to the child; 51
(3) A description of the proposed supplemental 52
instructional services and supports that the school district 53
will provide to the child that are designed to remediate the 54
identified area of reading deficiency. For students 55
identified as being at risk of dyslexia or those that have a 56
diagnosis of dyslexia the district shall provide an 57
explanation that the instruction that will be used to teach 58
the child reading shall be explicit, systematic, and 59
diagnostic and based on phonological awareness, phonics, 60
fluency, vocabulary, comprehension, morphology, syntax, and 61
semantics; 62
(4) Strategies for parents and guardians to use in 63
helping the child succeed in reading proficiency, including 64
but not limited to the promotion of parent-guided home 65
reading; 66
(5) That if the child has a substantial deficiency in 67
reading at the end of grade three, as assessed by the 68
reading portion of the statewide English language arts 69
assessment for grade three, and as measured against a 70
minimum cutscore determined by the department of elementary 71
and secondary education and approved by the state board of 72
education, the child shall not be promoted to grade four 73
unless the child qualifies for a good cause exemption under 74
subsections 6 and 7 of this section. 75
[3.] 4. If the school district or charter school 76
provides a summer reading program under this section, the 77
SCS SB 1442 10
district or charter school shall notify the parent or 78
guardian of each student who exhibits a substantial 79
deficiency in reading of the opportunity to attend the 80
summer reading program. 81
[4.] 5. (1) Beginning in the 2027-28 school year and 82
continuing in all subsequent school years, if a student has 83
a substantial reading deficiency at the end of third grade, 84
[the student's parent or guardian and appropriate school 85
staff shall discuss whether the student should be retained 86
in grade level, based on a consideration of all relevant 87
factors, including the reading deficiency, the student's 88
progress in other subject areas, and the student's overall 89
intellectual, physical, emotional, and social development. 90
A decision to promote or retain a student with a substantial 91
reading deficiency at the end of grade three shall be made 92
only after direct personal consultation with the student's 93
parent or guardian and after the formulation of a specific 94
plan of action to remedy the student's reading deficiency.] 95
as assessed by the reading portion of the statewide English 96
language arts assessment for grade three, and as measured 97
against a minimum cutscore determined by the department of 98
elementary and secondary education and approved by the state 99
board of education, the student shall be retained in grade 100
three, unless: 101
(a) Such student demonstrates the substantial reading 102
deficiency has been remedied on a retest opportunity under 103
subdivision (2) of this subsection; or 104
(b) Such student qualifies for a good cause exemption 105
under subsections 6 and 7 of this section. 106
(2) A student identified for retention under 107
subdivision (1) of this subsection may be promoted to grade 108
four if the student demonstrates the substantial reading 109
SCS SB 1442 11
deficiency has been remedied on a grade three reading 110
assessment from the state-approved list. 111
6. A student may be promoted to grade four despite 112
failing to demonstrate reading readiness if the student has 113
a good cause exemption. Good cause exemptions shall be 114
limited to the following: 115
(1) Students with disabilities who have an approved 116
individualized education plan developed under the federal 117
Individuals with Disabilities Education Act (IDEA), 20 118
U.S.C. Section 1401, et seq., as amended, that indicates 119
that participation in the statewide assessment program is 120
not appropriate, consistent with state and federal law; 121
(2) Students with disabilities who participate in the 122
statewide summative English language arts assessment and who 123
have either of the following plans reflecting that the 124
student has received intensive reading intervention for more 125
than two years but still fails to demonstrate reading 126
readiness: 127
(a) An approved individualized education plan 128
developed under the federal Individuals with Disabilities 129
Education Act (IDEA), 20 U.S.C. Section 1401, et seq., as 130
amended; or 131
(b) A 504 plan created under Section 504 of the 132
federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, 133
as amended; 134
(3) Students identified as English language learners 135
who have had fewer than two years of instruction in an 136
English language learner program; and 137
(4) Students who have already been retained at least 138
once in kindergarten to grade three. 139
7. Requests for a good cause exemption shall be made 140
in accordance with the following requirements: 141
SCS SB 1442 12
(1) Documentation shall be submitted from the 142
student's teacher to the school principal indicating that 143
the promotion of the student is appropriate. Such 144
documentation shall consist only of the good cause exemption 145
being requested and the existing reading improvement plan or 146
individualized education plan, as applicable; 147
(2) The school principal shall review and discuss the 148
recommendation with the teacher and make the determination 149
as to whether the student qualifies for one of the good 150
cause exemptions described in subsection 6 in this section. 151
If the school principal determines that the student is 152
eligible for one of the good cause exemptions based on the 153
documentation provided, the school principal shall make such 154
recommendation in writing to the superintendent of the 155
school district or the chief administrative officer or 156
governing board of the charter school. The principal, chief 157
administrative officer, or governing board shall accept or 158
reject the school principal's recommendation in writing. 159
8. (1) A school district shall assist schools with 160
providing, and a charter school shall provide, written 161
notification to the parent of any student who is retained 162
that: 163
(a) Such student has not met the reading level 164
required for promotion; 165
(b) The reasons the student is not eligible for a good 166
cause exemption; and 167
(c) That such student will be retained in grade three. 168
(2) The notification required under subdivision (1) of 169
this subsection shall include a description of the proposed 170
interventions and supports that will be provided to the 171
child to remedy the identified area or areas of reading 172
deficiency in the following school year. 173
SCS SB 1442 13
[5.] 9. Each school district or charter school shall 174
do all of the following: 175
(1) Provide students who are identified as having a 176
substantial deficiency in reading under subsection [1] 2 of 177
this section, have been identified as being at risk of 178
dyslexia in the statewide dyslexia screening, or have a 179
formal diagnosis of dyslexia with intensive instructional 180
services and supports specified in a reading success plan, 181
as appropriate according to student need, free of charge, to 182
remediate the identified areas of reading deficiency, 183
including additional scientific, evidence-based reading 184
instruction and other strategies prescribed by the school 185
district or charter school which may include but are not 186
limited to the following: 187
(a) Small group or individual instruction; 188
(b) Reduced teacher-student ratios; 189
(c) More frequent progress monitoring; 190
(d) Tutoring or mentoring; 191
(e) Extended school day, week, or year; and 192
(f) Summer reading programs; 193
(2) For any student with a formal diagnosis of 194
dyslexia or for a student who was found to be at risk of 195
dyslexia in the statewide dyslexia screening, the school 196
district or charter school shall provide evidence-based 197
reading instruction that addresses phonology, sound-symbol 198
association, syllable instruction, morphology, syntax, and 199
semantics provided through systematic, cumulative, explicit, 200
and diagnostic methods; 201
(3) At regular intervals, but no less than four times 202
per year in a manner that reflects progress through each 203
school term, notify the parent or guardian of academic and 204
SCS SB 1442 14
other progress being made by the student and give the parent 205
or guardian other useful information; 206
(4) In addition to required reading enhancement and 207
acceleration strategies, provide all parents of students, 208
including parents of students who are identified as having a 209
substantial deficiency in reading under subsection [1] 2 of 210
this section, with a plan that includes suggestions for 211
regular parent-guided home reading. 212
[6.] 10. Each school district and charter school shall 213
ensure that intensive reading instruction through a reading 214
development initiative shall be provided to each 215
kindergarten through grade five student who is assessed as 216
exhibiting a substantial deficiency in reading. In addition 217
to the requirements otherwise provided, such instruction 218
shall also comply with all of the following criteria: 219
(1) Be provided to all kindergarten through grade five 220
students who exhibit a substantial deficiency in reading 221
under this section. The assessments shall measure phonemic 222
awareness, phonics, fluency, vocabulary, and comprehension; 223
(2) Be provided during regular school hours; 224
(3) Provide a reading curriculum that meets the 225
requirements of section 170.014, and at a minimum has the 226
following specifications: 227
(a) Assists students assessed as exhibiting a 228
substantial deficiency in reading to develop the skills to 229
read at grade level; 230
(b) Provides skill development in phonemic awareness, 231
phonics, fluency, vocabulary, and comprehension; 232
(c) Includes a scientifically based and reliable 233
assessment; 234
(d) Provides initial and ongoing analysis of each 235
student's reading progress; and 236
SCS SB 1442 15
(e) Provides a curriculum in core academic subjects to 237
assist the student in maintaining or meeting proficiency 238
levels for the appropriate grade in all academic subjects. 239
[7.] 11. School districts and charter schools shall 240
report to the department the specific intensive reading 241
interventions and supports implemented by the school 242
district or charter school pursuant to this section as well 243
as the reading assessment data collected for grades 244
kindergarten through five. The department shall annually 245
prescribe the components of required or requested reports. 246
[8.] 12. (1) Each school district and charter school 247
shall address reading proficiency as part of its 248
comprehensive school improvement plan, drawing upon 249
information about children from assessments conducted 250
pursuant to subsection 1 of this section and the prevalence 251
of deficiencies identified by classroom, elementary school, 252
and other student characteristics. As part of its 253
comprehensive school improvement plan or contract, each 254
school district or charter school shall review chronic early 255
elementary absenteeism for its impact on literacy 256
development. If more than fifteen percent of an attendance 257
center's students are not at grade level in reading by the 258
end of third grade, the comprehensive school improvement 259
plan or contract shall include strategies to reduce that 260
percentage, including school and community strategies to 261
raise the percentage of students who are proficient in 262
reading. 263
(2) Each school district and charter school shall 264
provide professional development services to enhance the 265
skills of elementary teachers in responding to children's 266
unique reading issues and needs and to increase the use of 267
evidence-based strategies. 268
SCS SB 1442 16
13. Each district school board shall, by October first 269
of each year, report in writing to the department of 270
elementary and secondary education the following information 271
regarding the immediately preceding school year: 272
(1) The school board's policies and procedures 273
regarding student retention and promotion; 274
(2) By grade level, the number and percentage of all 275
students in kindergarten through grade three with 276
substantial reading deficiencies; 277
(3) By grade level, the number and percentage of all 278
students retained in kindergarten to grade three due to 279
substantial reading deficiencies; and 280
(4) The total number and percentage of students in 281
grade three who were promoted with good cause exemptions, 282
delineated by each category of good cause exemption 283
specified in subsection 6 of this section. 284
✓