SB329,,194 118.33 (5m) By January 1, 2025, the department shall establish by rule a model policy for promoting a pupil from the 3rd grade to the 4th grade that includes retention based on the pupil’s score on the examination under s. 121.02 (1) (r). The department shall include in the model policy at least all of the following:

SB329,,195 (a) A requirement that a pupil who scores in the lowest proficiency category on the examination under s. 121.02 (1) (r) be retained in the 3rd grade.

SB329,,196 (b) A good cause exception to the requirement under par. (a) for all of the following:

SB329,,197 1. Limited-English proficient pupils, as defined in s. 115.955 (7).

SB329,,198 2. A pupil who has an individual education plan that indicates that taking the examination under s. 121.02 (1) (r) is not appropriate for the pupil.

SB329,,199 3. A pupil who scores as proficient in reading on an alternative standardized assessment approved by the department.

SB329,,200 4. A pupil who has an individual education plan or a plan to provide accommodations or services under section 504 of the federal Rehabilitation Act of 1973 that indicates that the pupil has received intensive intervention in reading for more than 2 years if the pupil continues to demonstrate a deficiency in reading and was previously retained in kindergarten, 1st, 2nd, or 3rd grade.

SB329,,201 5. A pupil who has received intensive intervention in reading for 2 or more school years, continues to demonstrate a deficiency in reading, and was previously retained in kindergarten, 1st, 2nd, or 3rd grade for a total of 2 years.

SB329,,202 (c) A requirement that the school board do all of the following for a pupil who is retained in the 3rd grade under the policy:

SB329,,203 1. Provide the pupil with intensive instructional services, progress monitoring, and supports to remediate the identified areas of deficiency.

SB329,,204 2. Notify the pupil’s parent or guardian, in writing, that the pupil did not meet the reading proficiency level required for promotion to 4th grade and include a description of the intensive instructional services and supports that will be provided to the pupil to remediate the identified areas of reading deficiency.

SB329,,205 (d) A requirement that the school board provide an intensive summer reading program for pupils who scored in the lowest proficiency category on the examination under s. 121.02 (1) (r).

SB329,20 Section 20. 118.33 (6) (a) 3. of the statutes is created to read:

SB329,,207 118.33 (6) (a) 3. By July 1, 2025, each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2028, a school board may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the school board’s policy under this subdivision.

SB329,21 Section 21. 118.33 (6) (b) 2m. of the statutes is created to read:

SB329,,209 118.33 (6) (b) 2m. By July 1, 2025, each operator of a charter school under s. 118.40 (2r) or (2x) shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2028, an operator of a charter school under s. 118.40 (2r) or (2x) may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the charter school operator’s policy under this subdivision.

SB329,22 Section 22. 118.33 (6) (b) 3. of the statutes is amended to read:

SB329,,211 118.33 (6) (b) 3. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy policies adopted by that school board under par. (a) 1. and 3. apply to pupils enrolled in the charter school and that school board is subject to the prohibitions in par. (a) 2. and 3. with respect to pupils enrolled in the charter school, regardless of the location of the charter school.

SB329,23 Section 23. 118.33 (6) (c) 3. of the statutes is created to read:

SB329,,213 118.33 (6) (c) 3. By July 1, 2025, the governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2028, the governing body of a private school participating in the program under s. 119.23 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body’s policy under this subdivision.

SB329,24 Section 24. 118.33 (6) (cr) 3. of the statutes is created to read:

SB329,,215 118.33 (6) (cr) 3. By July 1, 2025, the governing body of each private school participating in the program under s. 118.60 shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2028, the governing body of a private school participating in the program under s. 118.60 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body’s policy under this subdivision.

SB329,25 Section 25. 119.44 (2) (bm) of the statutes is created to read:

SB329,,217 119.44 (2) (bm) The performance of pupils on the assessments administered during the prior school year under s. 118.016 (3), categorized by school, gender, and ethnicity.

SB329,26 Section 26. 121.02 (1) (c) 3. of the statutes is amended to read:

SB329,,219 121.02 (1) (c) 3. The pupil’s reading assessment performance on an assessment under s. 118.016 (3) indicates that the pupil is at risk of reading difficulty at-risk, as defined in s. 118.016 (1) (a). If this subdivision applies, the interventions or services provided the pupil shall be scientifically based include the components of science-based early reading instruction, as defined in s. 118.015 (1c) (b), and shall address all areas in which the pupil is deficient in a manner consistent with the state standards in reading and language arts.

SB329,27 Section 27. Nonstatutory provisions.

SB329,,221 (1) Council on early literacy curricula; initial appointments, recommendations for the 2024-25 school year.

SB329,,222 (a) Appointments. Notwithstanding s. 15.377 (9), the initial members of the council on early literacy curricula shall be appointed as follows: