Fixing reading failure.

25LSO-0348
2025
STATE OF WYOMING
25LSO-0348
Numbered
2.0

SENATE FILE NO. SF0178

Fixing reading failure.

Sponsored by: Senator(s) Scott and Brennan and Representative(s) Andrew

A BILL

for

AN ACT relating to education; modifying the reading assessment and invention program; defining terms; exempting high performing school districts as specified; providing remedies to address inadequacies in students' reading abilities in kindergarten through grade four; 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; creating causes of action; providing for the award of amounts as specified; specifying burdens of proof; requiring reporting; authorizing license revocation of teachers as specified; prohibiting modification of proficiency scores on the English language arts portion of the statewide summative assessment as specified; providing for rulemaking; specifying duties of the department of education staff; creating an operations research staff within the department of education; exempting the operations research staff within the department of education from the state personnel system and requirements; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
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2
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802(c) and 21
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3
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401 by creating new subsections (e) through (n), by amending and renumbering (e) as (o) and by creating new subsections (p) through (w) are amended to read:

21
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2
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802.

Powers and duties; teacher certification; suspension and revocation; certification fees; disposition of collected fees; required data submissions to department of education.

(c)

The board may revoke, suspend, deny or refuse to renew certification for incompetency, conviction of a felony committed after July 1, 1996, immorality and other reprehensible conduct or gross neglect of duty or knowing misrepresentation of information on an application or resume, upon its own motion or upon the petition of any local board of trustees.
Any person certified by the professional teaching standards board who engages in fraud, cheating or unfair practices in assisting students in performing on screening instruments administered pursuant to W.S. 21
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3
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401 or on any assessment administered pursuant to W.S. 21
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2
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304(a)(v) may have their professional certification suspended or revoked by the professional teaching standards board upon its own motion or upon the petition of any local board of trustees.
Except as provided in subsection (k) of this section, no certificate shall be revoked or suspended without a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing.

21
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3
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401.

Reading assessment and intervention program; defining and exempting high performing school districts; retention in grade three and four; providing causes of action.

(e)

As used in this section:

(i)

"Assessment" means the statewide student assessment administered pursuant to W.S. 21
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2
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304(a)(v);

(ii)

"Diagnostic instrument" means a specialized assessment tool utilized to evaluate specific areas of reading difficulty in students identified through universal screening;

(iii)

"Dyslexia" means a specific learning disability that is neurobiological in origin, characterized by difficulty with accurate or fluent word recognition and by inaccurate spelling and decoding abilities, that often results in a deficit in the phonological component of language that may be unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences of "dyslexia" may include problems in reading comprehension and reduced reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge;

(iv)

"High performing district" or "high performing school district in teaching reading" means a school district where not less than sixty percent (60%) of all students score proficient or advanced on the grade three (3) English language arts portion of the assessment for not less than two (2) school years within the immediately preceding three (3) school years;

(v)

"Parent" means a parent, guardian or other person having control of a student. If there is no formal custody arrangement, "parent" means either parent, but each school district may create a policy where notices shall go to both parents or written consent is required of both parents and may make exceptions to this policy. If there is a custodial parent and noncustodial parent, unless otherwise ordered by the court, the noncustodial parent shall have the same right of access as the parent awarded custody to any records related to the child or the parties as provided by W.S. 20
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2
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201(e). The school district is encouraged to send notices to the custodial and noncustodial parent, but failure to achieve notice to the noncustodial parent shall not prejudice further action pursuant to this section. Where parental consent is required, the district shall accept consent only from the custodial parent, unless otherwise instructed by both the parents or a court of competent jurisdiction;

(vi)

"Reading difficulty" means any difficulty that causes a student to have a problem with reading or comprehending written words or texts. "Reading difficulty" includes dyslexia and other reading difficulties;

(vii)

"Universal screener" means an assessment tool administered to all students at least three (3) times each school year to identify early signs of reading difficulties, including dyslexia.

(f)

Commencing with school year 2025
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2026, when the assessment results from the spring assessment become available, the department of education shall publish on the department's website an up
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to
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date listing of the high performing school districts in teaching reading. Copies of the list shall be sent to each school district for distribution to its board of trustees and to each member of the legislature, the legislative service office and other interested parties as identified by the department. In implementing this section, when a school district's status as a high performing district changes, the school district may continue to use its old status until the next January 1 or July 1, whichever comes first, and then shall change to using its new status.

(g)

For students with an individualized education program (IEP) pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.A. § 1400 et seq., or a substantially similar federal enactment, whose IEP addresses reading difficulties, the IEP shall be deemed sufficient to meet the requirements of this section. When these students complete a reading screening or an assessment in English language arts for which parental notification is required pursuant to this section, the notice shall conform to the requirements of the Individuals with Disabilities Education Act.

(h)

For high performing districts:

(i)

Each school district shall develop and implement or select and implement a reading assessment and intervention program that screens for signs of reading difficulties in kindergarten through grade three (3) and that implements an effective intervention program if difficulties are found. The program shall include monitoring and measuring student reading progress to provide information to inform any intervention. The program may include the development of an individualized reading plan. As soon as practical after the screening is conducted, each school district shall, for each student showing signs of reading difficulties, provide a copy of the screening results, including an explanation of the results, to the parent. The school district shall consider any comments or suggestions the parent may have concerning the individualized reading plan. Commencing with school year 2025
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2026, the individualized reading plan for students in kindergarten through grade two (2) shall, at the request of the parent, include retention of the student with reading difficulties in the same grade and, for students in grades one (1) or two (2), include repeating identified courses or coursework;

(ii)

Within fifteen (15) school days after the school district receives the assessment results, each school district shall notify the parent in writing of a student's performance on the grade three (3) and grade four (4) English language arts portion of the assessment. The assessment results shall show whether the student's score was advanced, proficient, basic or below basic on the English language arts portion of the assessment and may, if the school district chooses, include the numeric score. If the student did not take the English language arts portion of the statewide student assessment, the school district shall arrange for an assessment to be taken in lieu of the English language arts portion of the statewide student assessment;

(iii)

Commencing with school year 2027
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2028, for grade three (3) and commencing with school year 2028
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2029 for grade four (4), if the student’s score on the grade three (3) English language arts portion of the assessment or the grade four (4) English language arts portion of the assessment, whichever is the most recent, is basic or below basic, the school district notification pursuant to this subsection shall include an invitation to meet with the student's teachers or other appropriate school personnel to help develop an individualized reading plan to address that student's reading problem. The individualized reading plan required by this paragraph shall be based on an understanding of the individual student's difficulties with reading and may include:

(A)

Having the student repeat the relevant grade;

(B)

Having the student repeat identified courses or coursework while advancing to the next grade;

(C)

Having the student attend a summer reading program that is appropriate to address the student's difficulties with reading;

(D)

Securing and paying the cost for a private tutor. The educational interventions afforded under this subparagraph may be requested by the parent and shall not be included without the written consent of the parent;

(E)

Other provisions and interventions as may be useful.

(iv)

The school district shall try to obtain parental consent to the plan developed pursuant to paragraph (iii) of this subsection. If parental consent is not obtained, the school district shall implement the individualized reading plan, except as provided by subparagraph (iii)(D) of this subsection but the parent has the right pursuant to subsections (p) and (q) of this section to seek court ordered changes to the plan. The parent has the right to be informed of the content of the individualized reading plan, any changes to the plan and its implementation status;

(v)

In its discretion, a school district may implement paragraph (iii) of this subsection in whole or in part before the start dates provided in that paragraph.

(j)

For school districts not identified as high performing schools districts:

(i)

Each school district shall select and implement a reading assessment and intervention program that uses an instrument identified by the state superintendent that screens for signs of reading difficulties 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 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;

(ii)

Each school district shall notify parents of student performance and develop and individualized reading plan for students identified in need of further reading intervention through diagnostic assessment, within fifteen (15) calendar days after the screening is conducted pursuant to paragraph (i) of this subsection, each school district shall provide a copy of the screening results, including an explanation of the screening results, to the parent of a student showing signs of reading difficulties or not showing appropriate reading competence;

(iii)

Commencing with school year 2025
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2026 for kindergarten and grade one (1) and commencing with school year 2026
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2027 for grade two (2) students showing signs of reading difficulties or not showing appropriate reading competence shall be placed on an individualized reading plan developed, if possible, with the student's parents to target the reading related difficulties that shall remain in the student's academic record until the student achieves reading competency and shall include all of the following:

(A)

The specific reading deficiencies requiring remediation;

(B)

Goals and benchmarks for attaining reading competency;

(C)

Instructional services and interventions that the student shall receive;

(D)

A scientifically and evidence
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based reading instruction program;

(E)

A plan for monitoring and evaluating the student's progress;

(F)

If appropriate, a parent read
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at
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home plan for families of students identified with a reading difficulty which includes strategies that target students' need based on data and that are aligned to the reading science;

(G)

Any additional services the educational team, including the parents, deem appropriate to accelerate the student's reading skills development.

(iv)

The school district shall provide a copy of a student's individualized reading plan to the student's parent and shall consider any comments or suggestions the parent has concerning the plan. Commencing with school year 2025
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2026, the individualized reading plan for students in kindergarten through grade two (2) shall, at the request of the parent, include retention of the student with reading difficulties in the same grade and, for students in grades one (1) or two (2), include repeating identified courses or coursework;

(v)

Commencing with school year 2027
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2028 for grade three (3), if a student's score on the grade three (3) English language arts portion of the assessment is basic or below basic, the school district notification pursuant to paragraph (ii) of this subsection shall include an invitation to meet with the student's teacher and other appropriate school personnel to help develop a plan to address that student's reading problem. The notification shall state that if the parent and school district cannot develop an individualized reading plan, the plan shall include retaining the student in grade three (3). The individualized reading plan shall include retaining the student in grade three (3) if the parent and the school district cannot agree on an alternate plan and may include retaining the student in grade three (3) with agreement of the parent. The plan shall be based on an understanding of the individual student's difficulties with reading and shall include the plan elements in paragraph (iii) of this subsection that are appropriate and may include:

(A)

Having the student repeat identified courses or coursework while advancing to the next grade;

(B)

Having the student attend a summer school program that is appropriate to remedy the student's difficulties with reading;

(C)

Securing and paying the cost for a private tutor. The educational interventions afforded under this subparagraph may be requested by a parent and shall not be included without the written consent of the parent;

(D)

Other provisions and interventions as may be useful.

(vi)

Commencing with school year 2028
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2029 for grade four (4), if the student's score is basic or below basic on the English language arts portion of the assessment, the school district notification shall include an invitation to meet with the student's teacher and other appropriate school personnel to address that student's reading problem. The individualized reading plan shall be based on an understanding of the individual student's difficulties with reading and shall include retaining the student in grade four (4), except that if the student's score was proficient or advanced on the grade three (3) English language arts portion of the assessment or the student was identified as an English language learner with less than two (2) years of instruction in the English language learner program at the time the assessment was administered, the retention in grade four (4) is optional. The individualized reading plan shall include the plan elements in paragraph (iii) of this subsection that are appropriate and may include the following:

(A)

Having the student repeat identified courses or coursework while advancing to the next grade;

(B)

Having the student attend a summer school program that is appropriate to remedy the student's difficulties with reading;

(C)

Securing and paying the cost for a private tutor. The educational interventions afforded under this subparagraph may be requested by a parent and shall not be included without the written consent of the parent;

(D)

Other provisions and interventions as may be useful.

(k)

No student shall be retained pursuant to this section for more than one (1) school year in grade three (3) for a total of two (2) school years in grade three (3). No student shall be retained pursuant to this section for more than two (2) school years in grade four (4) for a total of three (3) school years in grade four (4). In these instances, the school district shall continue to notify parents and develop individualized reading plans until the student's score is proficient or advanced on the English language arts portion of the assessment or leaves school.

(m)

Except for high performing school districts as defined by paragraph (e)(iv) of this section, each school district shall annually report to the department of education on the progress of each school in the school district towards achieving the goal of sixty percent (60%) of all grade three (3) students that score proficient or advanced on the grade three (3) English language arts portion of the assessment. Each school district that is not a high performing school district shall submit an improvement plan to the department of education. The department of education shall promulgate rules prescribing the form and content to be included in a school district's improvement plan.

(n)

To assist in implementing the provisions of this section, the state superintendent shall:

(i)

In consultation with school districts and appropriate professionals, promulgate rules as necessary or useful to administer this section;

(ii)

Directly support schools and school districts in administering this section and meeting the goals of improvement plans developed pursuant to subsection (m) of this section. The principal purpose of the operations research staff created pursuant to subsection (u) of this section shall be to enable the state superintendent to carry out this function.

(e)
(o)

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)
paragraph (n)(i)
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.

(p)

Notwithstanding any other provision of law, if a school district fails to provide the notice required under subsection (h) or (j) of this section or fails to develop or implement an individualized reading plan required under subsection (h) or (j) of this section, a parent shall have a cause of action against the school district for relief subject to the following:

(i)

Monetary damages may be recovered to fund diagnostic testing, evaluation, individualized reading plan development and plan implementation for the student;

(ii)

The damages may include not more than ten thousand dollars ($10,000.00) in attorney's fees and court costs. Attorney's fees shall not be awarded if the payment or amount of attorney's fees by the parent is contingent on the outcome of the case;

(iii)

The total monetary damages that may be awarded in each case is limited to the average per pupil Wyoming state and local expenditures incurred in the previous fiscal year;

(iv)

In addition to monetary damages for failure in whole or in part to implement a plan, the court may order the school district to implement an individualized reading plan developed and approved by the court. This plan may include, with the consent of the parent, private tutoring.

(q)

Notwithstanding any other provision of law, if a school district implements an individualized reading plan required pursuant to this section that fails to reasonably and appropriately address a student's reading difficulties, or a parent disagrees with an individualized reading plan proposed by a district and is unable to reach agreement with the district, the parent may have a cause of action against a school district. The court may order changes to the plan reasonably needed to achieve the goal of enabling the student to read well enough for the student to be able to achieve a score of proficient or advanced on the English language arts portion of the assessment or the court may find the student cannot reasonably be expected to achieve this goal. In an action pursuant to this subsection, a parent is not entitled to monetary damages or attorney's fees.

(r)

Actions pursuant to subsections (p) and (q) of this section shall be brought in the district court in the county in which the school district involved is headquartered.

(s)

The department of education shall not discontinue the English language arts portion of the assessment or substantially change the meaning of the scores distinguishing between basic and below basic on the English language arts portion of the assessment.

(t)

There is created within the department of education an operations research staff. The primary purpose of this staff is to assist in the implementation of this section and to conduct studies and assist school districts in improving the performance of students in learning how to ready adequately in primary grades. Duties of the staff shall include the following:

(i)

Conduct management audits of school districts selected by the state superintendent to facilitate implementation of this section;

(ii)

Conduct other studies requested by the state superintendent to facilitate implementation of this section and improve the functioning of school districts;

(iii)

Provide technical assistance to the districts in implementing this section;

(iv)

Complete other studies and tasks relating to education as assigned by the state superintendent.

(u)

In managing the state department of education, the state superintendent shall have the following duties and authority:

(i)

Shall have the authority to manage the operations research staff and assign its work priorities and tasks, to the extent not set by this section;

(ii)

Shall have the authority, exempt from the requirements of the state personnel system, to define the job description, position on the state salary scale and hire, fire or transfer the manager of the operation research staff and other comparable managers in the department who report directly to the state superintendent;

(iii)

For the senior operations research staff, have the authority to, exempt from the requirements of the state personnel system, set the job description, determine the position of the state salary scale and hire or fire individual employees;

(iv)

May, to the extent funds are appropriated, have the operations research staff contract with outside consultants for all or a portion of the tasks assigned to it and manage those contracts;

(v)

Notwithstanding W.S. 9
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2
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3207(a) through (c), may transfer funds and utilize any department of education staff to carry out the duties outlined in subsection (t) of this section.

(w)

The long term goal for student performance pursuant to this section shall be eighty
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five percent (85%) of the students score proficient or advanced on the English language arts portion of the assessment.

Section 2.

W.S. 21
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3
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401(a) through (d) is repealed.

Section 3
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Effective school year 2025
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2026 and each school year thereafter, the assessment scores to determine 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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2
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304(a)(v) shall not be modified.

Section 4
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0178