Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                        HOUSE BILL NO. 2872
                               103RD GENERAL ASSEMBLY


                                 INTRODUCED BY REPRESENTATIVE LOY.

     6553H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 161.097, 161.241, 167.268, 167.340, 167.645, 170.014, and 186.080,
           RSMo, and to enact in lieu thereof six new sections relating to literacy of elementary
           school students.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

              Section A. Sections 161.097, 161.241, 167.268, 167.340, 167.645, 170.014, and
 186.080, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as
 sections 161.097, 161.241, 167.268, 167.340, 167.645, and 170.014, to read as follows:
              161.097. 1. The state board of education shall establish standards and procedures by
 which it will evaluate all teacher training institutions in this state for the approval of teacher
 education programs. The state board of education shall not require teacher training
 institutions to meet national or regional accreditation as a part of its standards and procedures
 in making those evaluations, but it may accept such accreditations in lieu of such approval if
 standards and procedures set thereby are at least as stringent as those set by the board. The
 state board of education's standards and procedures for evaluating teacher training institutions
 shall equal or exceed those of national or regional accrediting associations.
          2. There is hereby established within the department of elementary and secondary
 education the "Missouri Advisory Board for Educator Preparation", hereinafter referred to as
 "MABEP". The MABEP shall advise the state board of education and the coordinating board
 for higher education regarding matters of mutual interest in the area of quality educator
 preparation programs in Missouri. The advisory board shall include at least three active
 elementary or secondary classroom teachers and at least three faculty members within
 approved educator preparation programs. The classroom teacher members shall be selected

     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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 to represent various regions of the state and districts of different sizes. The faculty
 representatives shall represent institutions from various regions of the state and sizes of
 programs. The advisory board shall hold regular meetings that allow members to share needs
 and concerns and plan strategies to enhance teacher preparation.
          3. Upon approval by the state board of education of the teacher education program at
 a particular teacher training institution, any person who graduates from that program, and
 who meets other requirements which the state board of education shall prescribe by rule,
 regulation and statute shall be granted a certificate or license to teach in the public schools of
 this state. However, no such rule or regulation shall require that the program from which the
 person graduates be accredited by any national or regional accreditation association.
          4. The state board of education shall, in consultation with MABEP, align literacy and
 reading instruction coursework for teacher education programs in early childhood,
 kindergarten to fifth grade elementary teacher certification, middle school communication
 arts, high school communication arts, and all reading and special education certificates to
 include the following:
          (1) Teacher candidates shall receive classroom and clinical training in:
          (a) The core components of reading, including phonemic awareness, phonics, fluency,
 comprehension, morphology, syntax, and vocabulary;
          (b) Oral and written language development; and
          (c) Identification of reading deficiencies, dyslexia, and other language difficulties;
          (2) Teacher candidates shall also have training on:
          (a) The selection and use of high-quality reading curricula and instructional
 materials that do not include the three-cueing system model as defined in section 170.014;
          (b) The administration and interpretation of assessments; and
          (c) How to translate assessment results into effective practice in the classroom
 specific to the needs of students[; and
          (d) Additional best practices in the field of literacy instruction as recommended by
 the literacy advisory council pursuant to section 186.080];
          (3) Educator preparation programs shall not include instruction in, or
 endorsement of, the three-cueing system model of reading instruction as defined in
 section 170.014.
          5. Beginning July 1, 2027, the department of elementary and secondary
 education shall annually review and publicly report on the compliance of educator
 preparation programs with subsection 4 of this section. The review shall include an
 evaluation of whether instruction is grounded in the components of evidence-based
 reading instruction, such as phonological awareness, phonics, fluency, vocabulary,
 comprehension, morphology, syntax, and semantics. The review shall also include an
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 evaluation of whether prohibited practices, including three-cueing as defined in section
 170.014, are excluded from coursework. Educator preparation programs not in
 compliance with subsection 4 of this section shall not be approved to certify new
 teachers.
         6. Any rule or portion of a rule, as that term is defined in section 536.010, that is
 created under the authority delegated in this section shall become effective only if it complies
 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
 This section and chapter 536 are nonseverable and if any of the powers vested with the
 general assembly pursuant to chapter 536 to review, to delay the effective date, or to
 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
 rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid
 and void.
             161.241. 1. The state board of education, in collaboration with the coordinating
 board for higher education [and the commissioner's advisory council under section 186.080],
 shall develop a plan to establish a comprehensive system of services for reading instruction.
         2. The state board of education shall establish and periodically update a statewide
 literacy plan that supports high quality, evidence-based reading instruction for all students.
         3. The state board of education shall create an office of literacy. The commissioner of
 education shall coordinate staff with roles relating to literacy and align staff work around
 supporting best practices in reading instruction.
         4. The state board of education shall align literacy and reading instruction coursework
 for teacher education programs as required under subsection 4 of section 161.097.
         5. Subject to appropriation, the department of elementary and secondary education
 shall recruit and employ quality teacher trainers with expertise in reading instruction and
 provide opportunities for evidence-based professional development in reading instruction
 available for all active teachers.
         6. The department shall maintain and publish data on reading outcomes, provided that
 the report shall not include individually identifiable student data.
         7. The department shall publish criteria and examples to help districts and schools
 select and use evidence-based reading curricula and instructional materials. Additionally, the
 department shall publish a list of curricula that ensure instruction is explicit, systematic,
 diagnostic, and based on phonological awareness, phonics, fluency, vocabulary,
 comprehension, morphology, syntax, and semantics. This shall be a resource to districts.
         8. The department shall provide online tools and training for active teachers on
 evidence-based reading instruction.
         9. There is hereby created in the state treasury the "Evidence-based Reading
 Instruction Program Fund". The fund shall be administered by the department and used to
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 reimburse school districts and charter schools for efforts to improve student literacy,
 including, but not limited to: initiatives that provide optional training and materials to
 teachers regarding best practices in reading pedagogies; resources for parents and guardians
 to assist them in teaching their children to read; funding for reading tutoring programs inside
 or outside of regular school hours; stipends for teachers who undergo additional training in
 reading instruction, which may also count toward professional development requirements;
 and funding for summer reading programs. The fund shall consist of moneys appropriated
 annually by the general assembly from general revenue to such fund, any moneys paid into
 the state treasury and required by law to be credited to such fund, and any gifts, bequests, or
 donations to such fund. The fund shall be kept separate and apart from all other moneys in
 the state treasury and shall be paid out by the state treasurer pursuant to chapter 33.
 Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund at the
 end of the biennium shall not be transferred to the credit of the general revenue fund. All
 interest and moneys earned on the fund shall be credited to the fund.
         10. Subject to appropriation, the department of elementary and secondary
 education shall remit to each school district and charter school five hundred dollars for
 each grade four student enrolled in such school district or charter school who exhibited
 a substantial reading deficiency in any of grades kindergarten to grade three, or who
 was identified as dyslexic, and who subsequently scores at the proficient level or higher
 in reading on the annual summative English language arts assessment administered to
 grade four students.
             167.268. 1. Each school district and charter school shall have on file a policy for
 reading success plans. Each school district and charter school shall provide all parents and
 guardians of students, including parents of students who are identified as having a reading
 deficiency or substantial reading deficiency [in reading] under subsection [1] 4 of section
 167.645, with suggestions for regular parent-guided home reading.
         2. The department of elementary and secondary education shall develop guidelines to
 assist districts and charter schools in formulating policies for reading success plans. Such
 guidelines may include, but are not limited to, measures of reading proficiency, strategies for
 addressing reading deficiencies, timelines for measuring pupil improvement in reading, and
 information on screening of dyslexia. Such guidelines may also identify performance levels
 for pupils identified as handicapped or severely handicapped and conditions under which
 such pupils may be exempt from the provisions of this section and section 167.645.
         3. Each school district and charter school shall provide intensive reading instruction
 to students as provided in section 167.645.
             167.340. 1. The provisions of sections 167.340 to 167.346 shall be known and may
 be cited as the "Read to be Ready Program".
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          2. Beginning July 1, [2000] 2027, if a school district provides reading improvement
 instruction for students in [kindergarten] first grade through third grade who do not meet the
 [district's] state's objectives for reading as demonstrated by performance on the [district's
 chosen methods of reading assessment] Missouri universal reading screener established in
 section 167.645, such students who receive reading improvement instruction pursuant to this
 subsection may be counted for additional average daily attendance for state school aid during
 their reading improvement instruction time if such time falls outside normal school hours.
          3. Reading improvement instruction may take the form of summer school, provided
 that the summer school instruction addresses the reading deficiency, additional hours of
 instruction or such other methods as the district may select including, but not limited to,
 smaller class sizes, additional resources including computers, reading specialists, teacher and
 administrator training, tutoring, phonics instruction and use of parents and volunteers.
              167.645. 1. (1) The "Missouri Universal Reading Screener" is hereby
 established as a uniform, universal, literacy-based reading assessment administered to
 students in grade one through grade three in every school district and charter school in
 the state. The screener shall score each student in one of the following categories:
 "below basic", "basic", "grade-level", "proficient", or "advanced". Proficiency
 benchmarks associated with these categories shall be determined by the department of
 elementary and secondary education.
          (2) Each school district and charter school shall assess all students enrolled in
 [kindergarten] grade one through grade three [at the beginning and end of each school year]
 for their level of reading [or reading readiness on state-approved reading assessments.
 Additionally, all school districts and charter schools shall assess any newly enrolled student in
 grades one through five for their level of reading or reading readiness on a reading assessment
 from the state-approved list] proficiency on the Missouri universal reading screener. Each
 school district and charter school shall administer the Missouri universal reading
 screener during three annual administration windows established by the department of
 elementary and secondary education.
          2. The department of elementary and secondary education shall provide the
 Missouri universal reading screener at no cost to school districts and charter schools.
 The Missouri universal reading screener:
          (1) Shall be appropriate for students in grade one through grade three; and
          (2) May be used to comply with the dyslexia screening requirements established
 in section 167.950.
          3. Student results on the universal reading screener shall not be used to make
 decisions concerning the accreditation classification of a public school or school district.
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         4. At the beginning of the school year, each school district and charter school shall
 provide a reading success plan to any student who:
         (1) Exhibits a reading deficiency or substantial reading deficiency [in reading which
 creates a barrier to] that impedes the child's progress learning to read. The identification of
 such deficiency may be based upon the most recent assessments [or teacher observation]; or
         (2) Has been identified as being at risk of dyslexia in [the] a statewide dyslexia
 screening or has a formal diagnosis of dyslexia.
32
 For the purposes of this section, a reading deficiency shall refer to a student who scores
 "basic" on the Missouri universal reading screener, and a substantial reading deficiency
 shall refer to a student who [is one or more grade level or levels behind in reading or reading
 readiness] scores below "below basic" on the Missouri universal reading screener;
 provided that nothing in this section shall be interpreted to prevent a school district or charter
 school from offering a reading success plan to any student based on an assessment completed
 [at the start and end of the school year] during the three administration windows or based
 on teacher observation. For any student entering the school district or charter school after the
 start of the school year, such student shall be provided a reading success plan in the event the
 student has been identified as having a reading deficiency or substantial reading deficiency
 based on the student's most recent assessment [or otherwise being identified through teacher
 observation. The student's reading proficiency shall be reassessed by reading assessments on
 the state-approved list]. The student shall continue to be provided with intensive reading
 instruction under a reading success plan until the reading deficiency is remedied.
          [2.] 5. The district or charter school shall notify the parent or guardian of any student
 in [kindergarten] grade one through grade three who exhibits a reading deficiency or
 substantial reading deficiency [in reading], as described in subsection [1] 4 of this section, at
 least annually in writing, and in an appropriate, alternative manner for the parent or other
 guardian if necessary, of the following:
          (1) That the child has been identified as having a reading deficiency or substantial
 reading deficiency [in reading];
          (2) A description of the services currently provided to the child;
          (3) A description of the proposed supplemental instructional services and supports
 that the school district will provide to the child that are designed to remediate the identified
 area of reading deficiency. For students identified as being at risk of dyslexia or those that
 have a diagnosis of dyslexia the district shall provide an explanation that the instruction that
 will be used to teach the child reading shall be explicit, systematic, and diagnostic and based
 on phonological awareness, phonics, fluency, vocabulary, comprehension, morphology,
 syntax, and semantics;
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         (4) Strategies for parents and guardians to use in helping the child succeed in reading
 proficiency, including but not limited to the promotion of parent-guided home reading;
         (5) That if the child has a substantial reading deficiency that is not corrected by
 the end of grade three, the child shall not be promoted to grade four unless the child
 qualifies for a good cause exemption under subsections 8 and 9 of this section.
         [3.] 6. If the school district or charter school provides a summer reading program
 under this section, the district or charter school shall notify the parent or guardian of each
 student who exhibits a reading deficiency or substantial reading deficiency [in reading] of
 the opportunity to attend the summer reading program.
         [4.] 7. (1) Beginning in the 2027-28 school year and continuing in all subsequent
 school years, if a student has a substantial reading deficiency at the end