As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 21


Senator Lehner 



A BILL
To amend section 3313.608 of the Revised Code to 1
revise the requirements for reading teachers under 2
the Third-Grade Reading Guarantee.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That section 3313.608 of the Revised Code be 4
amended to read as follows:5

       Sec. 3313.608.  (A)(1) Beginning with students who enter 6
third grade in the school year that starts July 1, 2009, and until 7
June 30, 2013, for any student who attains a score in the range 8
designated under division (A)(3) of section 3301.0710 of the 9
Revised Code on the assessment prescribed under that section to 10
measure skill in English language arts expected at the end of 11
third grade, each school district, in accordance with the policy 12
adopted under section 3313.609 of the Revised Code, shall do one 13
of the following:14

       (a) Promote the student to fourth grade if the student's 15
principal and reading teacher agree that other evaluations of the 16
student's skill in reading demonstrate that the student is 17
academically prepared to be promoted to fourth grade;18

       (b) Promote the student to fourth grade but provide the 19
student with intensive intervention services in fourth grade;20

       (c) Retain the student in third grade.21

        (2) Beginning with students who enter third grade in the 22
2013-2014 school year, no school district shall promote to fourth 23
grade any student who attains a score in the range designated 24
under division (A)(3) of section 3301.0710 of the Revised Code on 25
the assessment prescribed under that section to measure skill in 26
English language arts expected at the end of third grade, unless 27
one of the following applies: 28

       (a) The student is a limited English proficient student who 29
has been enrolled in United States schools for less than two full 30
school years and has had less than two years of instruction in an 31
English as a second language program.32

       (b) The student is a child with a disability entitled to 33
special education and related services under Chapter 3323. of the 34
Revised Code and the student's individualized education program 35
exempts the student from retention under this division.36

       (c) The student demonstrates an acceptable level of 37
performance on an alternative standardized reading assessment as 38
determined by the department of education.39

       (d) All of the following apply:40

       (i) The student is a child with a disability entitled to 41
special education and related services under Chapter 3323. of the 42
Revised Code.43

       (ii) The student has taken the third grade English language 44
arts achievement assessment prescribed under section 3301.0710 of 45
the Revised Code.46

       (iii) The student's individualized education program or plan 47
under section 504 of the "Rehabilitation Act of 1973," 87 Stat. 48
355, 29 U.S.C. 794, as amended, shows that the student has 49
received intensive remediation in reading for two school years but 50
still demonstrates a deficiency in reading.51

       (iv) The student previously was retained in any of grades 52
kindergarten to three.53

       (e)(i) The student received intensive remediation for reading 54
for two school years but still demonstrates a deficiency in 55
reading and was previously retained in any of grades kindergarten 56
to three.57

       (ii) A student who is promoted under division (A)(2)(e)(i) of 58
this section shall continue to receive intensive reading 59
instruction in grade four. The instruction shall include an 60
altered instructional day that includes specialized diagnostic 61
information and specific research-based reading strategies for the 62
student that have been successful in improving reading among 63
low-performing readers.64

       (B)(1) Beginning in the 2012-2013 school year, to assist 65
students in meeting the third grade guarantee established by this 66
section, each school district board of education shall adopt 67
policies and procedures with which it annually shall assess the 68
reading skills of each student enrolled in kindergarten to third 69
grade by the thirtieth day of September and shall identify 70
students who are reading below their grade level. Each district 71
shall use the diagnostic assessment to measure reading ability for 72
the appropriate grade level adopted under section 3301.079 of the 73
Revised Code, or a comparable tool approved by the department of 74
education, to identify such students. The policies and procedures 75
shall require the students' classroom teachers to be involved in 76
the assessment and the identification of students reading below 77
grade level. 78

       (2) For each student identified by the diagnostic assessment 79
prescribed under this section as having reading skills below grade 80
level, the district shall do both of the following:81

       (a) Provide to the student's parent or guardian, in writing, 82
all of the following:83

       (i) Notification that the student has been identified as 84
having a substantial deficiency in reading;85

       (ii) A description of the current services that are provided 86
to the student;87

       (iii) A description of the proposed supplemental 88
instructional services and supports that will be provided to the 89
student that are designed to remediate the identified areas of 90
reading deficiency;91

       (iv) Notification that if the student attains a score in the 92
range designated under division (A)(3) of section 3301.0710 of the 93
Revised Code on the assessment prescribed under that section to 94
measure skill in English language arts expected at the end of 95
third grade, the student shall be retained unless the student is 96
exempt under division (A) of this section. The notification shall 97
specify that the assessment under section 3301.0710 of the Revised 98
Code is not the sole determinant of promotion and that additional 99
evaluations and assessments are available to the student to assist 100
parents and the district in knowing when a student is reading at 101
or above grade level and ready for promotion.102

       (b) Provide intensive reading instruction services and 103
regular diagnostic assessments to the student immediately 104
following identification of a reading deficiency until the 105
development of the reading improvement and monitoring plan 106
required by division (C) of this section. These intervention 107
services shall include research-based reading strategies that have 108
been shown to be successful in improving reading among 109
low-performing readers and instruction targeted at the student's 110
identified reading deficiencies.111

       (3) For each student retained under division (A) of this 112
section, the district shall do all of the following:113

       (a) Provide intense remediation services until the student is 114
able to read at grade level. The remediation services shall 115
include intensive interventions in reading that address the areas 116
of deficiencies identified under this section including, but not 117
limited to, not less than ninety minutes of reading instruction 118
per day, and may include any of the following:119

       (i) Small group instruction;120

       (ii) Reduced teacher-student ratios;121

       (iii) More frequent progress monitoring;122

       (iv) Tutoring or mentoring;123

       (v) Transition classes containing third and fourth grade 124
students;125

       (vi) Extended school day, week, or year;126

       (vii) Summer reading camps.127

       (b) Establish a policy for the mid-year promotion of a 128
student retained under division (A) of this section who 129
demonstrates that the student is reading at or above grade level; 130

       (c) Provide each student with a teacher who satisfies one or 131
more of the applicable criteria set forth in division (H) of this 132
section.133

       The district shall offer the option for students to receive 134
applicable services from one or more providers other than the 135
district. Providers shall be screened and approved by the district 136
or the department of education. If the student participates in the 137
remediation services and demonstrates reading proficiency in 138
accordance with standards adopted by the department prior to the 139
start of fourth grade, the district shall promote the student to 140
that grade.141

       (4) For each student retained under division (A) of this 142
section who has demonstrated proficiency in a specific academic 143
ability field, each district shall provide instruction 144
commensurate with student achievement levels in that specific 145
academic ability field.146

       As used in this division, "specific academic ability field" 147
has the same meaning as in section 3324.01 of the Revised Code.148

       (C) For each student required to be provided intervention 149
services under this section, the district shall develop a reading 150
improvement and monitoring plan within sixty days after receiving 151
the student's results on the diagnostic assessment or comparable 152
tool administered under division (B)(1) of this section. The 153
district shall involve the student's parent or guardian and 154
classroom teacher in developing the plan. The plan shall include 155
all of the following:156

       (1) Identification of the student's specific reading 157
deficiencies;158

       (2) A description of the additional instructional services 159
and support that will be provided to the student to remediate the 160
identified reading deficiencies;161

       (3) Opportunities for the student's parent or guardian to be 162
involved in the instructional services and support described in 163
division (C)(2) of this section;164

       (4) A process for monitoring the extent to which the student 165
receives the instructional services and support described in 166
division (C)(2) of this section;167

       (5) A reading curriculum during regular school hours that 168
does all of the following:169

       (a) Assists students to read at grade level;170

       (b) Provides scientifically based and reliable assessment;171

       (c) Provides initial and ongoing analysis of each student's 172
reading progress.173

       (6) A statement that if the student attains a score in the 174
range designated under division (A)(3) of section 3301.0710 of the 175
Revised Code on the assessment prescribed under that section to 176
measure skill in English language arts expected by the end of 177
third grade, the student may be retained in third grade.178

       Each student with a reading improvement and monitoring plan 179
under this division who enters third grade after July 1, 2013, 180
shall be assigned to a teacher who satisfies one or more of the 181
applicable criteria set forth in division (H) of this section.182

       The district shall report any information requested by the 183
department about the reading improvement monitoring plans 184
developed under this division in the manner required by the 185
department.186

       (D) Each school district shall report annually to the 187
department on its implementation and compliance with this section 188
using guidelines prescribed by the superintendent of public 189
instruction. The superintendent of public instruction annually 190
shall report to the governor and general assembly the number and 191
percentage of students in grades kindergarten through four reading 192
below grade level based on the diagnostic assessments administered 193
under division (B) of this section and the achievement assessments 194
administered under divisions (A)(1)(a) and (b) of section 195
3301.0710 of the Revised Code in English language arts, aggregated 196
by school district and building; the types of intervention 197
services provided to students; and, if available, an evaluation of 198
the efficacy of the intervention services provided.199

       (E) Any summer remediation services funded in whole or in 200
part by the state and offered by school districts to students 201
under this section shall meet the following conditions:202

       (1) The remediation methods are based on reliable educational 203
research.204

       (2) The school districts conduct assessment before and after 205
students participate in the program to facilitate monitoring 206
results of the remediation services.207

       (3) The parents of participating students are involved in 208
programming decisions.209

       (F) Any intervention or remediation services required by this 210
section shall include intensive, explicit, and systematic 211
instruction.212

       (G) This section does not create a new cause of action or a 213
substantive legal right for any person.214

       (H)(1) Prior to July 1, 2014, each student described in 215
division (B)(3) or (C) of this section who enters third grade for 216
the first time on or after July 1, 2013, shall be assigned a 217
teacher who has been actively engaged in the reading instruction 218
of students for the previous three years and who satisfies one or 219
more of the following criteria:220

       (a) The teacher holds a reading endorsement on the teacher's 221
license and has attained a passing score on the corresponding 222
assessment for that endorsement.223

       (b) The teacher has completed a master's degree program with 224
a major in reading.225

       (c) The teacher has demonstrated evidence of a credential 226
earned from a list of scientifically research-based reading 227
instruction programs approved by the department.228

       (d) The teacher was rated "above value added," which means 229
most effective in reading, as determined by the department, for 230
the last two school years.231

       (2) Effective July 1, 2014, each student described in 232
divisions (B)(3) and (C) of this section shall be assigned a 233
teacher who has been actively engaged in the reading instruction 234
of students for the previous three years and who satisfies one or 235
more of the following criteria:236

       (a) The teacher holds a reading endorsement on the teacher's 237
license and has attained a passing score on the corresponding 238
assessment for that endorsement.239

       (b) The teacher has completed a master's degree program with 240
a major in reading.241

       (c) The teacher was rated above "above value added," which 242
means most effective for the last two school years.243

       (d) The teacher has earned a passing score on a rigorous test 244
of principles of scientifically research-based reading 245
instruction. This test shall be selected through a competitive 246
bidding process and shall be approved by the state board.247

       (3) If, on the effective date of this amendmentMarch 22, 248
2013, a school district or community school cannot furnish the 249
number of teachers needed who satisfy one or more of the criteria 250
set forth in division (H)(1) of this section, the school district 251
or community school shall develop and submit a plan by June 30, 252
2013, in a manner determined by the department indicating the 253
criteria that will be used to determine those teachers in the 254
school district or community school who will teach and how the 255
school district or community school will meet the requirements set 256
forth in division (H)(2) of this section.257

       A school district or community school may include in this 258
plan the option to contract with another school district or 259
private provider that has been screened and approved by the 260
department to provide intervention services. If the school 261
district or community school's plan is not approved by the 262
department by August 15, 2013, the school district or community 263
school shall use a private contractor from a list approved by the 264
department or contract with another district to provide 265
intervention services for these students.266

       Section 2.  That existing section 3313.608 of the Revised 267
Code is hereby repealed.268