Creates and modifies provisions relating to student evaluations

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 BILL NO. 1628
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
6975S.03I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 162.720, 167.268, 167.340, and 167.645, RSMo, and to enact in lieu thereof
four new sections relating to student evaluations.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 162.720, 167.268, 167.340, and 1
167.645, RSMo, are repealed and four new sections enacted in 2
lieu thereof, to be known as sections 162.720, 167.268, 167.340, 3
and 167.645, to read as follows:4
162.720. 1. (1) This subdivision shall apply to all 1
school years ending before July 1, 2024. Where a sufficient 2
number of children are identified as gifted and their 3
development requires programs or services beyond the level 4
of those ordinarily provided in regular public school 5
programs, districts may establish special programs for such 6
gifted children. 7
(2) For school year 2024-25 and all subsequent school 8
years, if three percent or more of students enrolled in a 9
school district are identified as gifted and their 10
development requires programs or services beyond the level 11
of those ordinarily provided in regular public school 12
programs, the district shall establish a state-approved 13
gifted program for gifted children. 14
2. For school year 2024-25 and all subsequent school 15
years, any teacher providing gifted services to students in 16
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districts with an average daily attendance of more than 17
three hundred fifty students shall be certificated in gifted 18
education. In districts with an average daily attendance of 19
three hundred fifty students or fewer, any teacher providing 20
gifted services shall not be required to be certificated to 21
teach gifted education but such teacher shall annually 22
participate in at least six clock hours of professional 23
development focused on gifted services. The school district 24
shall pay for such professional development focused on 25
gifted services. 26
3. The state board of education shall determine 27
standards for such gifted programs and gifted services. 28
Approval of gifted programs shall be made by the state 29
department of elementary and secondary education based upon 30
project applications submitted at a time and in a form 31
determined by the department of elementary and secondary 32
education. 33
4. (1) For the 2027-28 school year and all subsequent 34
school years, each school district shall provide universal 35
screenings for all students at least once before the 36
beginning of grade three for the purpose of screening for 37
gifted students. Such screenings shall: 38
(a) Provide a body of current, valid, and reliable 39
evidence from a minimum of two areas including, but not 40
limited to: 41
a. General mental ability testing; 42
b. Academic achievement; 43
c. Creativity; 44
d. Reasoning; 45
e. Problem solving; 46
f. Parent, teacher, student, or self-referrals; and 47
g. Other evidence of gifts and talents; and 48
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(b) Be reviewed by a minimum of three staff members 49
trained in gifted education, administration, or assessment, 50
or a combination of such areas for a referral for formal 51
gifted assessment. 52
(2) No district shall identify a child as gifted based 53
solely on the child's participation in an advanced placement 54
course or international baccalaureate course. 55
(3) Districts shall identify a child as gifted only if 56
the child meets the definition of gifted children as 57
provided in section 162.675. 58
(4) A child's failure to meet criteria on a single 59
screening or assessment tool shall not prevent further data 60
collection or consideration for gifted identification of 61
such child. 62
5. [Any district with a gifted education program 63
approved under subsection 3 of this section] For the 2026-27 64
school year and all subsequent school years, each school 65
district shall have a policy, approved by the board of 66
education of the district, that establishes a process: 67
(1) For the universal screening of students for gifted 68
program selection; 69
(2) For providing annual notification to parents and 70
guardians of such screening process; 71
(3) For identifying students for the gifted program 72
and notifying parents and guardians of the criteria the 73
district uses for the identification of students for the 74
gifted program, provided that such criteria shall be guided 75
by recommendations from the advisory council on the 76
education of gifted and talented children established under 77
section 161.249 and the standards established by the state 78
board of education; and 79
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(4) That outlines the procedures and conditions under 80
which parents or guardians may request a review of the 81
decision that their child did not qualify to receive 82
services through the district's gifted education program. 83
6. School districts and school district employees 84
shall be immune from liability for any and all acts or 85
omissions relating to the decision that a child did not 86
qualify to receive services through the district's gifted 87
education program. 88
7. The department of elementary and secondary 89
education may promulgate all necessary rules and regulations 90
for the implementation and administration of this section. 91
Any rule or portion of a rule, as that term is defined in 92
section 536.010, that is created under the authority 93
delegated in this section shall become effective only if it 94
complies with and is subject to all of the provisions of 95
chapter 536 and, if applicable, section 536.028. This 96
section and chapter 536 are nonseverable and if any of the 97
powers vested with the general assembly pursuant to chapter 98
536 to review, to delay the effective date, or to disapprove 99
and annul a rule are subsequently held unconstitutional, 100
then the grant of rulemaking authority and any rule proposed 101
or adopted after August 28, 2022, shall be invalid and void. 102
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 reading deficiency or substantial 5
reading deficiency [in reading] under subsection [1] 4 of 6
section 167.645, with suggestions for regular parent-guided 7
home reading. 8
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2. The department of elementary and secondary 9
education shall develop guidelines to assist districts and 10
charter schools in formulating policies for reading success 11
plans. Such guidelines may include, but are not limited to, 12
measures of reading proficiency, strategies for addressing 13
reading deficiencies, timelines for measuring pupil 14
improvement in reading, and information on screening of 15
dyslexia. Such guidelines may also identify performance 16
levels for pupils identified as handicapped or severely 17
handicapped and conditions under which such pupils may be 18
exempt from the provisions of this section and section 19
167.645. 20
3. Each school district and charter school shall 21
provide intensive reading instruction to students as 22
provided in section 167.645. 23
167.340. 1. The provisions of sections 167.340 to 1
167.346 shall be known and may be cited as the "Read to be 2
Ready Program". 3
2. Beginning July 1, [2000] 2027, if a school district 4
provides reading improvement instruction for students in 5
[kindergarten] first grade through third grade who do not 6
meet the [district's] state's objectives for reading as 7
demonstrated by performance on the [district's chosen 8
methods of reading assessment] Missouri universal reading 9
screener established in section 167.645, such students who 10
receive reading improvement instruction pursuant to this 11
subsection may be counted for additional average daily 12
attendance for state school aid during their reading 13
improvement instruction time if such time falls outside 14
normal school hours. 15
3. Reading improvement instruction may take the form 16
of summer school, provided that the summer school 17
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instruction addresses the reading deficiency, additional 18
hours of instruction or such other methods as the district 19
may select including, but not limited to, smaller class 20
sizes, additional resources including computers, reading 21
specialists, teacher and administrator training, tutoring, 22
phonics instruction and use of parents and volunteers. 23
167.645. 1. (1) The "Missouri Universal Reading 1
Screener" is hereby established as a uniform, universal, 2
literacy-based reading assessment administered to students 3
in grade one through grade three in every school district 4
and charter school in the state. The screener shall score 5
each student in one of the following categories: "below 6
basic", "basic", "grade-level", "proficient", or 7
"advanced". Proficiency benchmarks associated with these 8
categories shall be determined by the department of 9
elementary and secondary education. 10
(2) Each school district and charter school shall 11
assess all students enrolled in [kindergarten] grade one 12
through grade three [at the beginning and end of each school 13
year] for their level of reading [or reading readiness on 14
state-approved reading assessments. Additionally, all 15
school districts and charter schools shall assess any newly 16
enrolled student in grades one through five for their level 17
of reading or reading readiness on a reading assessment from 18
the state-approved list] proficiency on the Missouri 19
universal reading screener. Each school district and 20
charter school shall administer the Missouri universal 21
reading screener during three annual administration windows 22
established by the department of elementary and secondary 23
education. 24
2. The department of elementary and secondary 25
education shall provide the Missouri universal reading 26
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screener at no cost to school districts and charter 27
schools. The Missouri universal reading screener: 28
(1) Shall be appropriate for students in grade one 29
through grade three; and 30
(2) May be used to comply with the dyslexia screening 31
requirements established in section 167.950. 32
3. Student results on the universal reading screener 33
shall not be used to make decisions concerning the 34
accreditation classification of a public school or school 35
district. 36
4. At the beginning of the school year, each school 37
district and charter school shall provide a reading success 38
plan to any student who: 39
(1) Exhibits a reading deficiency or substantial 40
reading deficiency [in reading which creates a barrier to] 41
that impedes the child's progress learning to read. The 42
identification of such deficiency may be based upon the most 43
recent assessments [or teacher observation]; or 44
(2) Has been identified as being at risk of dyslexia 45
in [the] a statewide dyslexia screening or has a formal 46
diagnosis of dyslexia. 47
For the purposes of this section, a reading deficiency shall 48
refer to a student who scores "basic" on the Missouri 49
universal reading screener, and a substantial reading 50
deficiency shall refer to a student who [is one or more 51
grade level or levels behind in reading or reading 52
readiness] scores below "below basic" on the Missouri 53
universal reading screener; provided that nothing in this 54
section shall be interpreted to prevent a school district or 55
charter school from offering a reading success plan to any 56
student based on an assessment completed [at the start and 57
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end of the school year] during the three administration 58
windows or based on teacher observation. For any student 59
entering the school district or charter school after the 60
start of the school year, such student shall be provided a 61
reading success plan in the event the student has been 62
identified as having a reading deficiency or substantial 63
reading deficiency based on the student's most recent 64
assessment [or otherwise being identified through teacher 65
observation. The student's reading proficiency shall be 66
reassessed by reading assessments on the state-approved 67
list]. The student shall continue to be provided with 68
intensive reading instruction under a reading success plan 69
until the reading deficiency is remedied. 70
[2.] 5. The district or charter school shall notify 71
the parent or guardian of any student in [kindergarten] 72
grade one through grade three who exhibits a reading 73
deficiency or substantial reading deficiency [in reading], 74
as described in subsection [1] 4 of this section, at least 75
annually in writing, and in an appropriate, alternative 76
manner for the parent or other guardian if necessary, of the 77
following: 78
(1) That the child has been identified as having a 79
reading deficiency or substantial reading deficiency [in 80
reading]; 81
(2) A description of the services currently provided 82
to the child; 83
(3) A description of the proposed supplemental 84
instructional services and supports that the school district 85
will provide to the child that are designed to remediate the 86
identified area of reading deficiency. For students 87
identified as being at risk of dyslexia or those that have a 88
diagnosis of dyslexia the district shall provide an 89
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explanation that the instruction that will be used to teach 90
the child reading shall be explicit, systematic, and 91
diagnostic and based on phonological awareness, phonics, 92
fluency, vocabulary, comprehension, morphology, syntax, and 93
semantics; 94
(4) Strategies for parents and guardians to use in 95
helping the child succeed in reading proficiency, including 96
but not limited to the promotion of parent-guided home 97
reading; 98
(5) That if the child has a substantial reading 99
deficiency that is not corrected by the end of grade three, 100
the child shall not be promoted to grade four unless the 101
child qualifies for a good cause exemption under subsections 102
8 and 9 of this section. 103
[3.] 6. If the school district or charter school 104
provides a summer reading program under this section, the 105
district or charter school shall notify the parent or 106
guardian of each student who exhibits a reading deficiency 107
or substantial reading deficiency [in reading] of the 108
opportunity to attend the summer reading program. 109
[4.] 7. (1) Beginning in the 2027-28 school year and 110
continuing in all subsequent school years, if a student has 111
a substantial reading deficiency at the end of third grade[, 112
the student's parent or guardian and appropriate school 113
staff shall discuss whether the student should be retained 114
in grade level, based on a consideration of all relevant 115
factors, including the reading deficiency, the student's 116
progress in other subject areas, and the student's overall 117
intellectual, physical, emotional, and social development. 118
A decision to promote or retain a student with a substantial 119
reading deficiency at the end of grade three shall be made 120
only after direct personal consultation with the student's 121
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parent or guardian and after the formulation of a specific 122
plan of action to remedy the student's reading deficiency] 123
as determined by the department of elementary and secondary 124
education based upon such student's performance on the 125
Missouri universal reading screener, the student shall be 126
retained in grade three, unless: 127
(a) Such student scores "basic" or higher on a retest 128
opportunity under subdivision (2) of this subsection; or 129
(b) Such student qualifies for a good cause exemption 130
under subsections 8 and 9 of this section. 131
(2) A student retained under subdivision (1) of this 132
subsection may be promoted to grade four if the student 133
successfully completes a state-approved summer reading 134
program and scores "basic" or higher on a retest opportunity 135
through the Missouri universal reading screener. 136
8. A student may be promoted to grade four despite 137
scoring "below basic" on the Missouri universal reading 138
screener if the student has a good cause exemption. Good 139
cause exemptions shall be limited to the following: 140
(1) Students with disabilities who have an approved 141
individualized education plan developed under the federal 142
Individuals with Disabilities Education Act (IDEA), 20 143
U.S.C. Section 1401, et seq., as amended, that indicates 144
that participation in the statewide assessment program is 145
not appropriate, consistent with state and federal law; 146
(2) Students with disabilities who participate in the 147
statewide summative English language arts assessment and who 148
have either of the following plans reflecting that the 149
student has received intensive reading intervention for more 150
than two years but still demonstrates a substantial reading 151
deficiency: 152
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(a) An approved individualized education plan 153
developed under the federal Individuals with Disabilities 154
Education Act (IDEA), 20 U.S.C. Section 1401, et seq., as 155
amended; or 156
(b) A 504 plan created under Section 504 of the 157
federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, 158
as amended; 159
(3) Students identified as English language learners 160
who have had fewer than two years of instruction in an 161
English language learner program; and 162
(4) Students who have already been retained at least 163
once in any of grades kindergarten through grade three. 164
9. Requests for a good cause exemption shall be made 165
in accordance with the following requirements: 166
(1) Documentation shall be submitted from the 167
student's teacher to the school principal indicating that 168
the promotion of the student is appropriate. Such 169
documentation shall consist only of the good cause exemption 170
being requested and the existing reading improvement plan or 171
individualized education plan, as applicable; 172
(2) The school principal shall review and discuss the 173
recommendation with the teacher and make the determination 174
as to whether the student qualifies for one of the good 175
cause exemptions described in subsection 8 in this section. 176
If the school principal determines that the student is 177
eligible for one of the good cause exemptions based on the 178
documentation provided, the school principal shall make such 179
recommendation in writing to the superintendent of the 180
school district. The superintendent shall accept or reject 181
the school principal's recommendation in writing. 182
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10. (1) The school district shall assist schools with 183
providing written notification to the parent of any student 184
who is retained that: 185
(a) Such student has not met the reading level 186
required for promotion; 187
(b) The reasons the student is not eligible for a good 188
cause exemption; and 189
(c) That such student will be retained in grade three. 190
(2) The notification required under subdivision (1) of 191
this subsection shall include a description of the proposed 192
interventions and supports that will be provided to the 193
child to remedy the identified area or areas of reading 194
deficiency in the following school year. 195
[5.] 11. Each school district or charter school shall 196
do all of the following: 197
(1) Provide students who are identified as having a 198
reading deficiency or substantial reading deficiency [in 199
reading] under subsection [1] 4 of this section, have been 200
identified as being at risk of dyslexia in the statewide 201
dyslexia screening, or have a formal diagnosis of dyslexia 202
with intensive instructional services and supports specified 203
in a reading success plan, as appropriate according to 204
student need, free of charge, to remediate the identified 205
areas of reading deficiency, including additional 206
scientific, evidence-based reading instruction and other 207
strategies prescribed by the school district or charter 208
school which may include but are not limited to the 209
following: 210
(a) Small group or individual instruction; 211
(b) Reduced teacher-student ratios; 212
(c) More frequent progress monitoring; 213
(d) Tutoring or mentoring; 214
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(e) Extended school day, week, or year; and 215
(f) Summer reading programs; 216
(2) For any student with a formal diagnosis of 217
dyslexia or for a student who was found to be at risk of 218
dyslexia in the statewide dyslexia screening, the school 219
district or charter school shall provide evidence-based 220
reading instruction that addresses phonology, sound-symbol 221
association, syllable instruction, morphology, syntax, and 222
semantics provided through systematic, cumulative, explicit, 223
and diagnostic methods; 224
(3) At regular intervals, but no less than four times 225
per year in a manner that reflects progress through each 226
school term, notify the parent or guardian of academic and 227
other progress being made by the student and give the parent 228
or guardian other useful information; 229
(4) In addition to required reading enhancement and 230
acceleration strategies, provide all parents of students, 231
including parents of students who are identified as having a 232
reading deficiency or substantial reading deficiency [in 233
reading] under subsection [1] 4 of this section, with a plan 234
that includes suggestions for regular parent-guided home 235
reading. 236
[6.] 12. Each school district and charter school shall 237
ensure that intensive reading instruction through a reading 238
development initiative shall be provided to each 239
[kindergarten] grade one through grade [five] three student 240
who is assessed as exhibiting a reading deficiency or 241
substantial reading deficiency [in reading]. In addition to 242
the requirements otherwise provided, such instruction shall 243
also comply with all of the following criteria: 244
(1) Be provided to all [kindergarten] grade one 245
through grade [five] three students who exhibit a reading 246
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deficiency or substantial reading deficiency [in reading] 247
under this section. The assessments shall measure phonemic 248
awareness, phonics, fluency, vocabulary, and comprehension; 249
(2) Be provided during regular school hours; 250
(3) Provide a reading curriculum that meets the 251
requirements of section 170.014, and at a minimum has the 252
following specifications: 253
(a) Assists students assessed as exhibiting a reading 254
deficiency or substantial reading deficiency [in reading] to 255
develop the skills to read at grade level; 256
(b) Provides skill development in phonemic awareness, 257
phonics, fluency, vocabulary, and comprehension; 258
(c) Includes a scientifically based and reliable 259
assessment; 260
(d) Does not include the three-cueing system, as 261
defined in section 170.014, to teach word reading; 262
(e) Provides initial and ongoing analysis of each 263
student's reading progress; and 264
[(e)] (f) Provides a curriculum in core academic 265
subjects to assist the student in maintaining or meeting 266
proficiency levels for the appropriate grade in all academic 267
subjects. 268
[7.] 13. School districts and charter schools shall 269
report to the department the specific intensive reading 270
interventions and supports implemented by the school 271
district or charter school pursuant to this section as well 272
as the reading assessment data collected for grades 273
[kindergarten] one through [five] three. The department 274
shall annually prescribe the components of required or 275
requested reports. 276
[8.] 14. (1) Each school district and charter school 277
shall address reading proficiency as part of its 278
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comprehensive school improvement plan, drawing upon 279
information about children from assessments conducted 280
pursuant to subsection 1 of this section and the prevalence 281
of deficiencies identified by classroom, elementary school, 282
and other student characteristics. As part of its 283
comprehensive school improvement plan or contract, each 284
school district or charter school shall review chronic early 285
elementary absenteeism for its impact on literacy 286
development. If more than fifteen percent of an attendance 287
center's students are not at grade level in reading by the 288
end of third grade, the comprehensive school improvement 289
plan or contract shall include strategies to reduce that 290
percentage, including school and community strategies to 291
raise the percentage of students who are proficient in 292
reading. 293
(2) Each school district and charter school shall 294
provide professional development services to enhance the 295
skills of elementary teachers in responding to children's 296
unique reading issues and needs and to increase the use of 297
evidence-based strategies. 298
15. Each district school board shall, by October first 299
of each year, report in writing to the department of 300
elementary and secondary education the following information 301
regarding the immediately preceding school year: 302
(1) The school board's policies and procedures 303
regarding student retention and promotion; 304
(2) By grade level, the number and percentage of all 305
students in grades kindergarten through three with reading 306
deficiencies or substantial reading deficiencies; 307
(3) By grade level, the number and percentage of all 308
students retained in grades kindergarten to three due to 309
substantial reading deficiencies; and 310
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(4) The total number and percentage of students in 311
grade three who were promoted with good cause exemptions, 312
delineated by each category of good cause exemption 313
specified in subsection 4 of this section. 314
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