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24LSO-0399
2024
STATE OF WYOMING
24LSO-0399
Numbered
2.0
SENATE FILE NO. SF0117
Education-retention for reading failure.
Sponsored by: Senator(s) Scott, Biteman, Brennan and Steinmetz
A BILL
for
AN ACT relating to education; modifying the reading assessment and invention program; defining high performing school districts; exempting high performing school districts as specified; providing remedies to address inadequacies in students' reading abilities in primary grades; providing for retention of students due to reading inadequacies as specified; requiring parental notification as specified; providing for participation of parents in determining educational interventions as specified; providing for causes of action; providing for the award of amounts as specified; specifying burdens of proof; providing duties of the legislative service office; requiring reporting; authorizing license revocation as specified; prohibiting the modification of scores associated with performance on the statewide summative assessment as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 21
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401(a), (b), by creating new subsections (c) and (d), by amending and renumbering (c) through (e) as (e) through (g) and by creating new subsections (h) through (n) is amended to read:
21
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401.
Reading assessment and intervention program; defining and exempting high performing school districts; retention in grade three (3) and four (4); providing causes of action.
(a)
Each school district shall select and implement a reading assessment and intervention program that uses an instrument identified by the state superintendent under subsection
(d)
(f)
of this section that screens for signs of reading difficulties,
except as provided in subsection (h) of this section,
including but not limited to dyslexia or other reading deficiencies, not less than three (3) times per year in kindergarten through grade three (3) and that implements with fidelity an evidence based intervention program. The program shall include instruments identified by the state superintendent under subsection
(d)
(f)
of this section that monitor and measure reading progress and assess student reading skills and progress to provide data that informs any intervention. The assessment and intervention program shall be administered to all students in kindergarten through grade three (3). The program shall also include implementation of evidence based core curricula aligned to the uniform content and performance standards and evidenced based interventions to meet the needs of all students. The program shall be multi
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tiered and shall include evidence based interventions to facilitate remediation of any reading difficulty as early as possible.
(b)
As soon as practicable after the
assessment or
screening is conducted under the program established in subsection (a) of this section, each school district shall provide a copy of the screening results, including an explanation of the screening results, to the parent, guardian or other person having control of a student showing signs of reading difficulties, including but not limited to dyslexia or other reading deficiencies, or not showing appropriate reading competence under this section.
Failure to complete a screening assessment shall be evidence that the student has reading difficulties.
(c)
Not later than May 15 each year, each school district shall notify the parent, guardian or other person having control of a student in writing of a student's performance on the grade three (3) and grade four (4) English language arts portion of the statewide summative assessment administered pursuant to W.S. 21
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304(a)(v). Failure to complete the grade three (3) or grade four (4) English language arts portion of the statewide summative assessment shall be evidence that the student tested basic or below basic. The notice shall provide the parent, guardian or other person having control of a student with the opportunity to meet with the student's teacher to prepare the individualized reading plan required by subsection (d) of this section. For students that receive a score of below basic or basic in grade three (3), the notice shall include the following: "Your child has tested basic or below basic on the grade three (3) English language arts portion of the statewide summative assessment which measures reading ability. The State of Wyoming is concerned this indicates a likely problem with reading that, if not corrected, may keep your child from fully participating in the coming high tech economy as an adult. The State of Wyoming recommends that you and your school district, working together, create and use a plan to fix this problem. If you and your school district do not create a plan for your child, the remedial plan will be that the student will repeat grade three (3).".
(d)
Not more than thirty (30) days after notice is provided under subsections (b) or (c) of this section, s
tudents not showing appropriate reading competence under this section
as evidenced by performance on screening instruments administered pursuant to subsection (a) of this section or as evidenced by a score of below basic or basic on the English language arts portion of the statewide summative assessment administered pursuant to W.S. 21
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304(a)(v) in grade three (3) or grade four (4)
shall be placed on an individualized reading plan to remedy the reading related difficulty utilizing an appropriate evidence based intervention program, which may include a group reading plan. The district shall provide
the parent, guardian or other person having control of a student with the opportunity to meet with the student's teacher and provide
a copy of
a
the
student's individualized reading plan to the student's parent, guardian or other person having control of the student. For students under an individualized education program (IEP) which addresses reading difficulties, the IEP shall be deemed sufficient to meet the requirements of this subsection and no additional plan shall be required.
In preparing an individualized reading plan required under this subsection, each school district shall:
(i)
Commencing school year 2025
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2026, for grade three (3), consider requiring the student to repeat grade three (3);
(ii)
Commencing school year 2026
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2027, for grade four (4), require the student to repeat grade four (4) unless the student has an individualized education program (IEP) that addresses reading difficulties. If the student received a score of proficient or advanced in grade three (3) on the English language arts portion of the statewide summative assessment administered pursuant to W.S. 21
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304(a)(v), a school district may advance the student to grade five (5). No student shall be retained for more than two (2) years, for a total of three (3) years in grade four (4), as a result of this paragraph. If a student continues to receive a score of basic or below basic on the grade four (4) English language arts portion of the statewide summative assessment, the school district shall prepare an individualized education program (IEP) if the student is eligible for special education services under the federal Individuals with Disabilities Education Act and if the student is not eligible for special education services under the federal Individuals with Disabilities Act, the school district shall ensure the student's individualized reading plan aligns with the federal Individuals with Disabilities Act as nearly as practicable;
(iii)
Commencing school year 2025
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2026, for
grade three (3), and commencing school year 2026
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2027, for grade four (4):
(A)
Consider securing and paying the cost for a private tutor for the student or paying the costs for the student to attend a private school on a full
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time or part
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time basis at the request of the parent, guardian or other person having control of a student. Each school district shall include these educational interventions in an individualized reading plan if a student is more likely to obtain a score of proficient or advanced on the English language arts portion of the statewide summative assessment with the assistance of a private tutor or upon attendance at a private school and the intervention is more cost effective than other remedies available. The educational interventions afforded under this subparagraph shall not be included in an individualized reading plan without the written permission of the parent, guardian or other person having control of a student;
(B)
Consider requiring the student to participate in tutoring over the summer recess or attend summer school;
(C)
Include additional evidence based
interventions in a student's individualized reading plan if a student continues to receive a score of basic or below basic on the grade four (4) English language arts portion of the statewide summative assessment after one (1) year of implementation of an individualized reading plan that identifies a group reading plan as the sole intervention to improve readings.
(iv)
Commencing school year 2024
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2025, for all students in kindergarten through grade two (2), include retention of a student in the same grade in the individualized learning plan at the request of a parent, guardian or other person having control over a student.
(c)
(e)
Except for high performing school districts as defined by subsection (h) of this section, e
ach district shall annually report to the department of education on the progress of each of its schools toward achieving the goal of eighty
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five percent (85%) of all students reading at grade level upon completion of the third grade. This report shall include cohort analysis for kindergarten through grade three (3) for those students identified by the screening instruments as having signs of reading difficulties, including but not limited to dyslexia or other reading deficiencies. The report shall include the percentage of students meeting or exceeding proficiency levels
for grade three (3) and grade (4) on the English language arts portion of the statewide summative assessment administered pursuant to W.S. 21
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304(a)(v)
for the annual reporting period.
The reporting shall also include the aggregate number of students identified by the screening instruments as having signs of reading difficulties, including but not limited to dyslexia or other reading deficiencies, in addition to listing the evidence based interventions implemented in each district by grade. This report shall include kindergarten through grade three (3) progress toward achieving the goal of eighty
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five percent (85%) proficiency in the specific skills known to be predictive of grade three (3) reading proficiency and that are listed in subsection
(d)
(f)
of this section. Grade three (3)
and grade four (4)
reading proficiency shall be determined by the grade three (3)
and grade four (4) English language arts portion of the
statewide
summative
assessment administered pursuant to W.S. 21
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304(a)(v). Each school
district that is
not
meeting the eighty
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five percent (85%) goal specified under this
a high performing school district as defined by
subsection
(h) of this section
shall submit an improvement plan to
the school district, and the school district shall submit an overall improvement plan to
the department. At a minimum, each school
and
district improvement plan shall outline its general strategy for increasing reading proficiency for the next school year and shall specifically address the evidence based program of instruction, assessment and intervention being implemented, the specific training in those programs that reading teachers have received, the student
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teacher ratio, the use of certified tutors and the use of instructional facilitators and paraprofessionals in kindergarten through grade three (3) trained in the delivery of the evidence based instruction and intervention program selected by the district.
(d)
(f)
The state superintendent, in consultation with Wyoming school districts, professionals in the area of reading difficulties, including but not limited to dyslexia and other reading deficiencies, and other appropriate stakeholders, shall promulgate rules as necessary to assist each school district to administer its reading assessment and intervention program pursuant to this section and to assess the skills in paragraphs (i) through (v) of this subsection using a curriculum
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independent assessment. The rules shall contain criteria to identify instruments that screen for signs of reading difficulties, including but not limited to dyslexia and other reading deficiencies, required under subsection (a) of this section. Based on the criteria incorporated by rule, the state superintendent shall identify instruments approved for use by school districts that monitor and measure reading progress and assess student reading skills and progress to provide data that informs any intervention required under subsection (a) of this section. The rules shall provide mechanisms for the state superintendent to directly support schools and school districts in meeting the goals of improvement plans developed pursuant to subsection
(c)
(e)
of this section including, but not limited to, professional development in evidence based literacy instruction and intervention and professional development in identifying the signs of reading difficulties, including but not limited to dyslexia and other reading deficiencies. To accomplish the purposes of this subsection, the department of education shall collect kindergarten through grade three (3) statewide longitudinal data from assessments selected and performed by each school district, which measures the following specific skills that evidence based research has concluded are predictive of grade three (3) reading proficiency:
(i)
Phonological awareness;
(ii)
Phonics;
(iii)
Decoding words and nonwords;
(iv)
Oral reading fluency; and
(v)
Reading comprehension.
(e)
(g)
Commencing with school year 2022
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2023, each school district shall require each district employee providing instruction in grades kindergarten through three (3) within the district to have received or receive professional development in evidence based literacy instruction and intervention and in identifying the signs of reading difficulties, including but not limited to dyslexia and other reading deficiencies, using suitable materials reviewed and required pursuant to rule by the state superintendent. The rules required under subsection
(d)
(f)
of this section shall establish minimum reading assessment and intervention professional development requirements to be completed not less than once every three (3) years as required under this subsection for district employees providing instruction in grades kindergarten through three (3). The rules shall contain criteria to identify appropriate and suitable professional development materials for district employees in evidence based literacy instruction and intervention and in detection of reading difficulties, including but not limited to dyslexia and other reading deficiencies.
(h)
Commencing school year 2024
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2025, each high performing school district shall be exempt from the requirement to use screening instruments approved by the state superintendent required under subsections (a) and (f) of this section and the reporting requirements under subsection (e) of this section. This exemption shall be for the period a school district remains a high performing school district. For purposes of this section, "high performing school district" means a school district with not less than sixty (60) percent of all students in grade three (3) having earned a score of proficient or advanced on the grade three (3) English language arts portion of the statewide assessment administered pursuant to W.S. 21
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304(a)(v) for not less than (2) years within any three (3) year period.
(j)
Notwithstanding any other provision of law, if a school district fails to provide the notice required under subsections (b) or (c) of this section or fails to develop or implement an individualized reading plan required under subsection (d) of this section, a parent, guardian or other person having control of a student shall have a cause of action against the school district for monetary damages in an amount equal to the costs for required diagnostic testing and remedial efforts associated with identifying and addressing a student's reading difficulties. Monetary damages may include a reasonable per mile reimbursement for transportation, not more than five thousand dollars ($5,000.00) for attorney's fees and court costs and not more than four thousand dollars ($4,000.00) per year for the costs to monitor or develop an individualized reading plan. Attorney fees and court costs shall not be awarded if payment or the amount of attorney fees by the parent, guardian or other person having control of a student is contingent on the outcome of the case. In a cause of action brought under this subsection, the court shall determine the evidence based interventions necessary to address a student's reading deficiencies identified under subsections (a) or (b) of this section, provided the court shall order the student to attend a charter school or a private school if requested by a parent, guardian or other person having control of a student and space is available at the requested charter school or private school. The court may order a school district to pay the cost for a student to attend a private school, less any amount attributed to religious instruction. Any cause of action filed under this subsection shall be filed in the circuit court of the county where the school district is located. In no event shall the amounts awarded under this subsection exceed the annual average per pupil amount generated by the education resource block grant model computed under W.S. 21
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309(m) for the applicable school district.
(k)
Notwithstanding any other provision of law, if a school district implements an individualized reading plan required under subsection (d) of this section that fails to reasonably and appropriately address a student's reading difficulties, a parent, guardian or other person having control of a student shall have a cause of action against a school district to determine the reasonable and appropriate evidence based interventions necessary to address reading deficiencies identified under subsections (a) or (b) of this section, provided the court shall order the student to attend a charter school or a private school if requested by a parent, guardian or other person having control of a student and space is available at the requested charter school or private school. The court may order a school district to pay the cost for a student to attend a private school, less any amount attributed to religious instruction. Except for high performing school districts as defined by subsection (h) of this section, a school district shall have the burden of proving by a preponderance of the evidence that a student's individualized reading plan is adequate and reasonable to remedy the student's reading difficulties. For high performing school districts as defined by subsection (h) of this section, a parent, guardian or other person having control of the student shall have the burden of proving by a preponderance of the evidence that the student's individualized reading plan is not reasonable and appropriate to remedy the student's reading difficulties.
Any cause of action filed under this subsection shall be filed in the circuit court of the county where the school district is located. In no event shall the amounts awarded under this subsection exceed the annual average per pupil amount generated by the education resource block grant model computed under W.S. 21
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309(m) for the applicable school district.
(m)
Any person certified by the professional teaching standards board that engages in fraud, cheating or unfair practices in assisting students in passing or performing on screening instruments administered pursuant to subsection (a) of this section or the English language arts portion of the statewide summative assessment administered pursuant to subsection (b) of this section may have their professional certification suspended or revoked by the professional teaching standards board.
(n)
Not later than November 1, 2024, and each November 1 thereafter, the legislative service office shall report to the joint education interim committee and publish to the website of the Wyoming legislature, the average statewide student performance on the grade four (4) reading portion of the national assessment of education progress testing program and the average statewide student performance on the grade (4) English language arts portion of the statewide summative assessment administered pursuant to W.S. 21
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304(a)(v). The report shall, to the greatest extent practical, include an analysis of the relationship between student scores on the grade four (4) reading portion of the national assessment of education progress testing program and the grade (4) English language arts portion of the statewide summative assessment administered pursuant to W.S. 21
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304(a)(v) to determine whether the scores indicate a change in the difficulty of the grade (4) English language arts portion of the statewide summative assessment which is significant enough it may affect its intended use pursuant to W.S. 21-3-401.
Section 2
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Effective school year 2024
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2025 and each school year thereafter, the assessment scores to determine the levels of performance of below basic, basic, proficient and advanced on the English language arts portion of the statewide summative assessment administered pursuant to W.S. 21
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304(a)(v) shall not be modified.
Section 3
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This act is effective July 1, 2024
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(END)
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SF0117