1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 154 By: Stanley
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 1210.508C, which relates to the Reading
8 Sufficiency Act; providing exemptions to certain
8 screening requirements; requiring certain evidence of
9 student progression; updating statutory language;
9 amending 70 O.S. 2021, Section 1210.520, which
10 relates to screening for dyslexia; updating statutory
10 language; updating statutory reference; modifying
11 required components of certain policy; modifying
11 requirements for certain screening tools; providing
12 exemptions to certain screening requirements;
12 requiring certain evidence of student progression;
13 requiring data to include certain information;
13 modifying date by which certain report must be
14 submitted; providing an effective date; and declaring
14 an emergency.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.508C,
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19 is amended to read as follows:
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20 Section 1210.508C. A. 1. Each student enrolled in
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21 kindergarten in a public school in this state shall be screened at
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22 the beginning, middle, and end of each school year for reading
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23 skills including, but not limited to, phonemic awareness, letter
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24 recognition, and oral language skills as identified in the subject
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 1 matter standards adopted by the State Board of Education. A
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2 screening instrument approved by the State Board shall be utilized
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3 for the purposes of this section.
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4 2. For those kindergarten children at risk for reading
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5 difficulties at the beginning of the year, teachers shall emphasize
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6 reading skills as identified in the subject matter standards adopted
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7 by the State Board of Education, monitor progress throughout the
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8 year, and measure mid-year and year-end reading progress.
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9 3. Kindergarten students who are not meeting grade-level
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10 targets by mid-year in reading shall be provided a program of
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11 reading instruction designed to enable the student to acquire the
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12 appropriate grade-level reading skills.
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13 4. Classroom assistants, which may include parents,
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14 grandparents, or other volunteers, shall be provided in kindergarten
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15 classes to assist with the screening of students if a teacher aide
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16 is not already employed to assist in a kindergarten classroom.
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17 5. Exemptions to the screening requirements of this subsection
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18 may be provided for students who have documented evidence that they
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19 meet at least one of the following criteria as related to the
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20 provision of instruction:
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21 a. the student participates in the Oklahoma Alternate
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22 Assessment Program (OAAP) and is taught using
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23 alternate methods,
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 1 b. the student’s primary expressive and/or receptive
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2 communication is sign language,
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3 c. the student’s primary form of written or read text is
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4 Braille, or
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5 d. the student’s primary expressive and/or receptive
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6 language is not English, the student is identified as
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7 an English learner using a state-approved
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8 identification assessment, and the student has had
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9 less than one (1) school year of instruction in an
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10 English learner program.
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11 B. 1. Each student enrolled in first, second, and third grade
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12 of the public schools of this state shall be assessed at the
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13 beginning, middle, and end of each school year using a screening
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14 instrument approved by the State Board of Education for the
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15 acquisition of reading skills including, but not limited to,
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16 phonemic awareness, phonics, reading fluency, vocabulary, and
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17 comprehension.
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18 2. Exemptions to the screening requirements of this subsection
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19 may be provided for students who have documented evidence that they
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20 meet at least one of the following criteria as related to the
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21 provision of classroom instruction:
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22 a. the student participates in the OAAP and is taught
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23 using alternate methods,
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 1 b. the student’s primary expressive and/or receptive
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2 communication is sign language,
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3 c. the student’s primary form of written or read text is
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4 Braille, or
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5 d. the student’s primary expressive and/or receptive
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6 language is not English, the student is identified as
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7 an English learner using a state-approved
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8 identification assessment, and the student has had
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9 less than one (1) school year of instruction in an
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10 English learner program.
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11 A public school that grants an exemption pursuant to this
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12 paragraph shall provide ongoing evidence of student progression
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13 toward English language acquisition with the same frequency as
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14 administration of screening assessments. Evidence may include, but
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15 not be limited to, student progression toward OAAP reading essential
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16 elements, proficiency in sign language and reading comprehension,
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17 and proficiency in Braille and reading comprehension.
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18 C. Any student enrolled in first, second, or third grade who is
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19 assessed and who is not meeting grade-level targets in reading shall
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20 be provided a program of reading instruction designed to enable the
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21 student to acquire the appropriate grade level reading skills. The
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22 program of reading instruction shall include provisions of the READ
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23 Initiative adopted by the school district as provided for in
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24 subsection P of this section. Throughout the year progress
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 1 monitoring shall continue, and diagnostic assessment, if determined
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2 appropriate, shall be provided. Year-end reading skills shall be
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3 measured to determine reading success.
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4 D. The State Board of Education shall approve screening
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5 instruments for use at the beginning and end of the school year, for
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6 monitoring of progress, and for measurement of reading skills at the
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7 end of the school year as required in subsections A and B of this
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8 section; provided, at least one of the screening instruments shall
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9 meet the following criteria:
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10 1. Assess for phonemic awareness, phonics, reading fluency,
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11 vocabulary, and comprehension;
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12 2. Document the validity and reliability of each assessment;
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13 3. Can be used for identifying students who are at risk for
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14 reading deficiency and progress monitoring throughout the school
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15 year;
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16 4. Can be used to assess students with disabilities and English
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17 language learners; and
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18 5. Accompanied by a data management system that provides
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19 profiles for students, class, grade level, and school building. The
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20 profiles shall identify each student’s instructional point of need
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21 and reading achievement level. The State Board shall also determine
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22 other comparable reading assessments for diagnostic purposes to be
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23 used for students at risk of reading failure. The State Board shall
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 1 ensure that any assessments approved are in alignment with the
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2 subject matter standards adopted by the State Board of Education.
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3 E. 1. The program of reading instruction required in
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4 subsections A and B of this section shall align with the subject
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5 matter standards adopted by the State Board of Education and shall
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6 include provisions of the READ Initiative adopted by the school
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7 district as provided for in subsection P of this section. A program
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8 of reading instruction may include, but is not limited to:
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9 a. sufficient additional in-school instructional time for
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10 the acquisition of phonemic awareness, phonics,
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11 reading fluency, vocabulary, and comprehension,
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12 b. if necessary, tutorial instruction after regular
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13 school hours, on Saturdays, and during summer;
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14 however, such instruction may not be counted toward
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15 the one-hundred-eighty-day or one-thousand-eighty-hour
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16 school year required in Section 1-109 of this title,
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17 and
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18 c. assessments identified for diagnostic purposes and
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19 periodic monitoring to measure the acquisition of
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20 reading skills including, but not limited to, phonemic
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21 awareness, phonics, reading fluency, vocabulary, and
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22 comprehension, as identified in the student’s program
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23 of reading instruction.
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 1 2. A student enrolled in first or second grades who has been
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2 assessed as provided for in subsection B of this section and found
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3 not to be meeting grade-level targets in reading, shall be entitled
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4 to supplemental instructional services and supports in reading until
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5 the student is determined by the results of a screening instrument
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6 to be meeting grade-level targets in reading. The program of
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7 reading instruction for each student shall be developed by a Student
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8 Reading Proficiency Team and shall include supplemental
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9 instructional services and supports. Each team shall be composed
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10 of:
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11 a. the parent or legal guardian of the student,
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12 b. the teacher assigned to the student who had
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13 responsibility for reading instruction in that
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14 academic year,
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15 c. a teacher who is responsible for reading instruction
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16 and is assigned to teach in the next grade level of
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17 the student, and
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18 d. a certified reading specialist, if one is available.
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19 F. The program of reading instruction shall continue until the
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20 student is determined by the results of approved reading assessments
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21 to be meeting grade-level targets.
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22 G. 1. Every school district shall adopt, and implement a
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23 district reading sufficiency plan which has had input from school
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24 administrators, teachers, and parents and if possible a reading
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 1 specialist, and which shall be submitted electronically to and
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2 approved by the State Board of Education. The plan shall be updated
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3 annually. School districts shall not be required to electronically
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4 submit the annual updates to the Board if the last plan submitted to
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5 the Board was approved and expenditures for the program include only
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6 expenses relating to individual and small group tutoring, purchase
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7 of and training in the use of screening and assessment measures,
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8 summer school programs, and Saturday school programs. If any
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9 expenditure for the program is deleted or changed or any other type
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10 of expenditure for the program is implemented, the school district
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11 shall be required to submit the latest annual update to the Board
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12 for approval. The district reading sufficiency plan shall include a
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13 plan for each site which includes an analysis of the data provided
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14 by the Oklahoma School Testing Program and other reading assessments
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15 utilized as required in this section, and which outlines how each
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16 school site will comply with the provisions of the Reading
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17 Sufficiency Act.
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18 2. The State Board of Education shall adopt rules for the
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19 implementation and evaluation of the provisions of the Reading
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20 Sufficiency Act. The evaluation shall include, but not be limited
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21 to, an analysis of the data required in subsection S of this
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22 section.
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23 H. For any third-grade student found not to be meeting grade-
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24 level targets as determined by reading assessments administered
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 1 pursuant to this section, a new program of reading instruction,
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2 including provisions of the READ Initiative adopted by the school
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3 district as provided for in subsection P of this section, shall be
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4 developed by a Student Reading Proficiency Team and implemented as
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5 specified in subsection E of this section. In addition to other
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6 requirements of the Reading Sufficiency Act, the plan may include
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7 specialized tutoring.
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8 I. 1. Any first-grade, second-grade, or third-grade student
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9 who demonstrates end of year proficiency in reading at the third-
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10 grade level through a screening instrument which meets the
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11 acquisition of reading skills criteria pursuant to subsection B of
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12 this section shall not be subject to retention pursuant to this
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13 section. After a student has demonstrated proficiency through a
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14 screening instrument, the district shall provide notification to the
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15 parent or legal guardian of the student that they have satisfied the
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16 requirements of the Reading Sufficiency Act and will not be subject
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17 to retention pursuant to this section.
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18 2. If a third-grade student is identified at any point of the
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19 academic year as having a significant reading deficiency, which
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20 shall be defined as not meeting grade-level targets on a screening
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21 instrument which meets the acquisition of reading skills criteria
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22 pursuant to subsection B of this section, the district shall
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23 immediately begin a student reading portfolio as provided by
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 1 subsection L of this section and shall provide notice to the parent
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2 of the deficiency pursuant to subsection J of this section.
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3 3. If a student has not yet satisfied the proficiency
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4 requirements of this section prior to the completion of third grade
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5 and still has a significant reading deficiency, as identified based
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6 on assessments administered as provided for in subsection B of this
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7 section, has not accumulated evidence of third-grade proficiency
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8 through a student portfolio as provided in subsection L of this
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9 section, or is not subject to a good-cause exemption as provided in
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10 subsection L of this section, then the student shall not be eligible
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11 for automatic promotion to fourth grade.
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12 4. The minimum criteria for grade-level performance of third-
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13 grade students pursuant to the Reading Sufficiency Act shall be that
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14 students are able to read and comprehend grade-level text. To
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15 determine the promotion and retention of third-grade students
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16 pursuant to the Reading Sufficiency Act, the State Board of
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17 Education shall use only the scores for the standards for reading
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18 foundations/processes and vocabulary portions of the statewide
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19 third-grade assessment administered pursuant to Section 1210.508 of
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20 this title and shall not use the scores from the other language arts
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21 portions of the assessment. The performance levels established by
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22 the Commission for Educational Quality and Accountability pursuant
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23 to Section 1210.508 of this title shall ensure that students meeting
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24 the performance-level criteria are performing at grade level on the
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