LRB-4650/1

KRP:wlj/ekg/cdc

2021 - 2022 LEGISLATURE

2021 Assembly BILL 971

February 8, 2022 - Introduced by Representative Wittke. Referred to Committee on Education.

AB971,2,2 An Act to repeal 118.016 (1) (a) and 118.44 (6) (a); to renumber 118.016 (1) (b); to renumber and amend 118.016 (1) (c) and 118.016 (1r); to amend 20.255 (2) (cu), 118.016 (2), 118.44 (3), 118.44 (5) (a), 118.44 (6) (bm) (intro.), 118.44 (6) (bm) 3., 118.60 (7) (e) and 119.23 (7) (e); and to create 118.015 (4) (e), 118.016 (1b), 118.016 (1e) (title), 118.016 (1e) (d), 118.016 (1g) (title), 118.016 (1r) (title), 118.016 (1r) (b) and (c), 118.016 (3) and (4), 118.33 (7), 118.40 (2r) (b) 2. m., 118.40 (2r) (d) 3., 118.40 (2x) (b) 2. m., 118.40 (2x) (d) 3., 118.44 (5) (c), 118.44 (6) (br) and (bw), 118.60 (2) (a) 10., 119.23 (2) (a) 10. and 121.02 (1t) of the statutes; relating to: promotion of pupils from the third grade to the fourth grade based on passage of the standardized reading test; reading readiness assessments in public schools; grants to increase licensure of reading teachers; sunsetting the Achievement Gap Reduction program; programs to identify and address pupils with dyslexia; parental opt-out of pupils in grades kindergarten to three from statewide examinations; and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill 1) limits the authority of certain schools to promote a pupil from the third grade to the fourth grade based on passage of the standardized reading assessment; 2) makes various changes to the current reading readiness assessment program for public school pupils enrolled in four-year-old kindergarten to second grade; 3) creates a grant program for the 2023-24 school year to increase licensure of reading teachers; 4) sunsets the Achievement Gap Reduction program; 5) requires certain schools to develop or adopt programs to identify and address pupils with dyslexia; and 6) prohibits parents of pupils in grades kindergarten to three from excusing their pupils from taking standardized tests.

Promotion of pupils from the third grade to the fourth grade

Under current law, school districts, independent charter schools, and private schools participating in parental choice programs must administer a standardized reading test to certain third grade pupils. Under the bill, 1) a school board may not promote a third grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the fourth grade unless the pupil scores proficient or higher on the test; 2) the operator of an independent charter school may not promote a third grade pupil attending the charter school to the fourth grade unless the pupil scores proficient or higher on the test; and 3) the governing body of a private school participating in a parental choice program may not promote a third grade pupil who is attending the private school under the parental choice program to the fourth grade unless the pupil scores proficient or higher on the test.

The bill also provides an exception to the third grade promotion prerequisite created in the bill. Under the exception, the school board, operator, or governing body may promote a pupil if the pupil meets any of the good cause reasons specified in the bill and all of the following conditions are met:

1. The pupil's teacher submits documentation of the pupil's good cause reason to the principal or administrator of the pupil's school.

2. The principal or administrator of the pupil's school discusses the documentation with the teacher and the pupil's parent, determines that promoting the pupil is appropriate, and submits that recommendation to the school board, operator, or governing body.

3. The pupil's parent agrees with the recommendation.

4. The school board, operator, or governing body reviews the recommendation and agrees that promoting the pupil is appropriate.

Assessments of reading readiness

Under current law, school boards and operators of independent charter schools must annually assess pupils enrolled in four-year-old kindergarten to second grade for reading readiness using an assessment of literacy fundamentals selected by the school board or operator. Under current law, if a reading readiness assessment indicates that a pupil is at risk of reading difficulty, the school board or operator must provide interventions or remedial reading services to the pupil.

The bill provides that, beginning in the 2023-24 school year, a school board or operator must, in addition to the assessment required under current law, annually assess, using a diagnostic assessment, a pupil enrolled in four-year-old kindergarten to second grade to whom any of the following applies: 1) the pupil's parent requests the diagnostic assessment; 2) an assessment administered under current law indicates that the pupil is at risk of reading difficulty; or 3) the pupil has been identified as having characteristics of dyslexia. The bill defines “ diagnostic assessment” as a tool that includes 1) an assessment that evaluates a pupil's skill in the areas of phonemic awareness, decoding skills, rapid naming, alphabet knowledge, letter sound knowledge, oral vocabulary, phonological awareness, word recognition, spelling, vocabulary, listening comprehension, and, when developmentally appropriate for the pupil, oral reading fluency and reading comprehension; and 2) an opportunity for a pupil's parent to complete a family history survey to provide additional information about learning difficulties in the pupil's family.

Under current law, school boards and operators must report the results of reading readiness assessments to pupils' parents. The bill provides that, beginning in the 2023-24 school year, the pupil's teacher or the principal or administrator of the pupil's school must provide the parental notification. In addition, if a pupil's assessment indicates that the pupil is at risk of reading difficulty, the teacher, principal, or administrator also must provide all of the following to the pupil's parent: