Bill Summary – FastDemocracy

SENATE BILL NO. 712
     February 07, 2024, Introduced by Senator HUIZENGA and referred to the Committee on
        Education.
           A bill to amend 1976 PA 451, entitled
    "The revised school code,"
    by amending section 1280f (MCL 380.1280f), as amended by 2023 PA

                   THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
        Sec. 1280f. (1) The department shall do all of the following
 to help ensure that more pupils will achieve a score of at least
 proficient in English language arts on the grade 3 state
 assessment:
        (a) Approve 3 or more valid and reliable screening, formative,
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 and diagnostic reading assessment systems for selection and use by
 school districts and public school academies in accordance with the
 following:
       (i) Each approved assessment system must provide a screening
 assessment, monitoring capabilities for monitoring progress toward
 a growth target, and a diagnostic assessment.
       (ii) In determining which assessment systems to approve for use
 by school districts and public school academies, the department
 shall also consider at least the following factors:
       (A) The time required to conduct the assessments, with the
 intention of minimizing the impact on instructional time.
       (B) The level of integration of assessment results with
 instructional support for teachers and pupils.
       (C) The timeliness in reporting assessment results to
 teachers, administrators, and parents.
       (D) The assessment system's clarity in informing parents and
 legal guardians of the level of proficiency in reading or English
 language arts, as applicable, that their child has reached.
       (b) Recommend or develop an early literacy coach model with
 the following features:
       (i) An early literacy coach shall support and provide initial
 and ongoing professional development to teachers in all of the
 following:
       (A) Each of the 5 major reading components listed in
 subsection (3)(a)(iv)(B) as needed, based on an analysis of pupil
 performance data.
       (B) Administering and analyzing instructional assessments, and
 relaying a pupil's level of proficiency in reading or English
 language arts, as applicable, to the pupil's parent or legal
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 guardian.
       (C) Providing differentiated instruction and intensive
 intervention.
       (D) Using progress monitoring.
       (E) Identifying and addressing reading deficiency.
       (ii) An early literacy coach shall also do all of the
 following:
       (A) Model effective instructional strategies for teachers.
       (B) Facilitate study groups.
       (C) Train teachers in data analysis and using data to
 differentiate instruction.
       (D) Coach and mentor colleagues.
       (E) Work with teachers to ensure that evidence-based reading
 programs such as comprehensive core reading programs, supplemental
 reading programs, and comprehensive intervention reading programs
 are implemented with fidelity.
       (F) Train teachers to diagnose and address reading
 deficiency.deficiencies and effectively describe those deficiencies
 to parents and legal guardians.
       (G) Work with teachers in applying evidence-based reading
 strategies in other content areas, including, but not limited to,
 prioritizing time spent on those teachers, activities, and roles
 that will have the greatest impact on pupil achievement and
 prioritizing coaching and mentoring in classrooms.
       (H) Help to increase instructional density to meet the needs
 of all pupils.
       (I) Help lead and support reading leadership teams at the
 school.
       (J) Continue to increase the early literacy coach's knowledge
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 base in best practices in reading instruction and intervention.
       (K) For each teacher who teaches in a classroom for grades K
 to 3, model for the teacher, and coach the teacher in, instruction
 with pupils in whole and small groups.
       (iii) In the context of performing the functions described in
 subparagraph (ii), an early literacy coach must not be asked to
 perform administrative functions that will confuse the early
 literacy coach's role for teachers.
       (iv) An early literacy coach must meet all of the following:
       (A) Have experience as a successful classroom teacher.
       (B) Have sufficient knowledge of scientifically based reading
 research, special expertise in quality reading instruction and
 infusing reading strategies into content area instruction, and data
 management skills.
       (C) Have a strong knowledge base in working with adults.
       (D) Have a minimum of a bachelor's degree and advanced
 coursework in reading or have completed professional development in
 evidence-based literacy instructional strategies.
       (E) Have a strong knowledge base in effective communication
 with parents and legal guardians in describing pupils' reading
 deficiencies.
       (v) An early literacy coach must not be assigned a regular
 classroom teaching assignment, but must be expected to work
 frequently with pupils in whole and small group instruction or
 tutoring in the context of modeling and coaching in or outside of
 teachers' classrooms.
       (2) Subject to subsection (10), the board of a school district
 or board of directors of a public school academy shall do all of
 the following to ensure that more pupils will achieve a score of at
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 least proficient in English language arts on the grade 3 state
 assessment:
       (a) Select 1 valid and reliable screening, formative, and
 diagnostic reading assessment system from the assessment systems
 approved by the department under subsection (1)(a). A school
 district or public school academy shall use this assessment system
 for pupils in grades K to 3 to screen and diagnose difficulties,
 inform instruction and intervention needs, and assess progress
 toward a growth target. A school district or public school academy
 periodically shall assess a pupil's progress in reading skills at
 least 3 times per school year in grades K to 3. The first of these
 assessments for a school year in kindergarten must be conducted
 within the first 90 school days of the school year. The first of
 these assessments for a school year in grades 1 to 3 must be
 conducted within the first 30 school days of the school year.
       (b) For any pupil in grades K to 3 who exhibits a reading
 deficiency at any time, based upon the reading assessment system
 selected and used under subdivision (a), provide an individual
 reading improvement plan for the pupil within 30 days after the
 identification of the reading deficiency. The individual reading
 improvement plan must be created by the pupil's teacher, school
 principal, and parent or legal guardian and other pertinent school
 personnel, and must describe the reading intervention services the
 pupil will receive to remedy the reading deficiency. A school
 district or public school academy shall provide intensive reading
 intervention for the pupil in accordance with the individual
 reading improvement plan until the pupil no longer has a reading
 deficiency.
       (c) If a pupil in grades K to 3 is identified as having an
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 early literacy delay or reading deficiency, provide written notice
 to the pupil's parent or legal guardian of the delay or reading
 deficiency in writing not more 15 days after the first assessment
 and not more than 15 days after each additional assessment during
 the school year, and provide tools to assist the parent or legal
 guardian to engage in intervention and to address or correct any
 reading deficiency at home. The written notice must include a
 specific indication of the pupil's level of English language arts
 proficiency based on results from the state assessment, or the
 pupil's level of reading proficiency based on the benchmark
 assessment described in section 104i of the state school aid act of
 1979, MCL 388.1704i, as applicable.
       (d) Require a school principal or chief administrator to do
 all of the following:
       (i) For a teacher in grades K to 3, target specific areas of
 professional development based on the reading development needs
 data for incoming pupils, including training in the science of
 reading.
       (ii) Differentiate and intensify professional development for
 teachers based on data gathered by monitoring teacher progress in
 improving pupil proficiency rates among their pupils.
       (iii) Establish a collaborative system within the school to
 improve reading proficiency rates in grades K to 3.
       (iv) Ensure that time is provided for teachers to meet for
 professional development for the purposes described in
 subparagraphs (i) and (ii).
       (e) Utilize, at least, early literacy coaches provided through
 the intermediate school district in which the school district or
 public school academy is located, as provided for under section
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 35a(4) of the state school aid act of 1979, MCL 388.1635a. However,
 a public school academy may use an early literacy coach provided by
 the public school academy, at the expense of the public school
 academy, rather than using an early literacy coach provided through
 an intermediate school district if the early literacy coach and the
 usage of the early literacy coach otherwise meet the requirements
 of this section.
       (3) Subject to subsection (10), a school district or public
 school academy shall provide reading intervention programs for
 pupils in grades K to 3, including at least all of the following:
       (a) For pupils who exhibit a reading deficiency, a reading
 intervention program intended to ensure that pupils are proficient
 readers by the end of grade 3 and that includes some or all of the
 following features:
       (i) Is provided to each pupil in grades K to 3 who is
 identified with a reading deficiency based on screening and
 diagnostic tools, and identifies and addresses the pupil's reading
 deficiency.
       (ii) Periodically screens and monitors the progress of each
 pupil's reading skills, at least 3 times per year.
       (iii) Provides evidence-based core reading instruction that is
 comprehensive and meets the majority of the general education
 classroom needs.
       (iv) Provides reading intervention that meets, at a minimum,
 the following specifications:
       (A) Assists pupils exhibiting a reading deficiency in
 developing the ability to read at grade level.
       (B) Provides intensive development in the 5 major reading
 components: phonemic awareness, phonics, fluency, vocabulary, and
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 comprehension.
       (C) Is systematic, explicit, multisensory, and sequential.
       (D) Is implemented during regular school hours in addition to
 regular classroom reading instruction.
       (v) Provides parents, legal guardians, or other providers of
 care for the pupil with a read-at-home plan, including parent,
 guardian, or care provider training workshops and regular home
 reading. The read-at-home plan must include a notice to the pupil's
 parent or legal guardian indicating the pupil's level of English
 language arts proficiency based on results from the state
 assessment, or the pupil's level of reading proficiency based on
 the benchmark assessment described in section 104i of the state
 school aid act of 1979, MCL 388.1704i, as applicable.
       (vi) Documents efforts by the pupil's school to engage the
 pupil's parent or legal guardian and whether or not those efforts
 were successful. The documentation must include the dates and times
 that the pupil's school attempted to engage the pupil's parent or
 legal guardian.
       (vii) Documents any dissenting opinions expressed by school
 personnel or a parent or legal guardian concerning the individual
 reading improvement plan provided for the pupil under subsection
 (2)(b) and how those dissenting opinions were addressed.
       (b) For grade 3 pupils exhibiting a reading deficiency as
 determined by the pupil's teacher through the diagnostic reading
 assessment system selected by the school district or public school
 academy under subsection (2)(a), a reading intervention program
 intended to correct the identified area or areas of reading
 deficiency and that includes all of the following features as
 needed by the individual pupil:
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       (i) Is evidence-based and has proven results in accelerating
 pupil reading achievement within the same school year.
       (ii) Provides more dedicated time than the pupil's previous
 school year in evidence-based reading instruction and intervention.
       (iii) Provides daily targeted small group or 1-to-1 reading
 intervention based on pupil needs as determined by assessment data,
 including explicit and systematic instruction with more detailed
 and varied explanations, more extensive opportunities for guided
 practice, and more opportunities for error correction and feedback.
       (iv) Provides administration of ongoing progress monitoring
 assessments to frequently monitor pupil progress.
       (v) Provides supplemental evidence-based reading intervention
 delivered by a teacher, tutor, or volunteer with specialized
 reading training that is provided before school, after school,
 during school hours but outside of regular English language arts
 classroom time, or any combination of these.
       (vi) Provides parents, legal guardians, or other providers of
 care for a pupil with a read-at-home plan, including parent,
 guardian, or care provider training workshops and regular home
 reading. The read-at-home plan must include a notice to the pupil's
 parent or legal guardian indicating the pupil's level of English
 language arts proficiency based on results from the state
 assessment, or the pupil's level of reading proficiency based on
 the benchmark assessment described in section 104i of the state
 school aid act of 1979, MCL 388.1704i, as applicable.
       (vii) Documents efforts by the pupil's school to engage the
 pupil's parent or legal guardian and whether or not those efforts
 were successful. The documentation must include the dates and times
 that the pupil's school attempted to engage the pupil's parent or
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 legal guardian.
       (viii) Documents any dissenting opinions expressed by school
 personnel or a parent or legal guardian concerning the individual
 reading improvement plan provided for the pupil under subsection
 (2)(b) and how those dissenting opinions were addressed.
       (c) Subject to subsection (11), for pupils identified as
 English language learners by the pupil's teacher or by the
 diagnostic reading assessment selected by the school district or
 public school academy under subsection (2)(a), intervention
 services that include at least all of the following:
       (i) Ongoing assessments that provide actionable data for
 teachers to use in interventions.
       (ii) Instruction in academic vocabulary.
       (iii) Instruction in the 5 major reading components listed in
 subdivision (a)(iv)(B).
       (iv) Common English language development strategies such as
 modeling, guided practice, and comprehensive input.
       (v) A notice to the pupil's parent or legal guardian in the
 parent or legal guardian's native language. The notice must
 indicate the pupil's level of English language arts proficiency
 based on results from the state assessment, or the pupil's level of
 reading proficiency based on the benchmark assessment described in
 section 104i of the state school aid act of 1979, MCL 388.1704i, or
 a WIDA Consortium assessment, as applicable.
       (4) For all pupils exhibiting a reading deficiency as
 determined by the pupil's teacher through the diagnostic reading
 assessment system selected by the school district or public school
 academy under subsection (2)(a), school districts and public school
 academies are encouraged to offer summer reading camps staffed with
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 effective teachers of reading, as determined by the teacher
 evaluation system un