An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1280f (MCL 380.1280f), as added by 2016 PA 306.
Modifies section 1280f (MCL 380.1280f) of the revised school code. It removes provisions related to the retention of third grade students who have not achieved grade-level proficiency in reading. Under section 1280f, students who do not receive a score of at least proficient on the state’s grade-three English Language Arts assessment are subject to retention. Section 1280f includes provisions for teachers to work with early literacy coaches and engage in professional development in early literacy development. It also includes provisions for screening and diagnosing reading deficiencies, developing reading improvement plans and appropriate interventions, and assessing student progress towards grade-level reading proficiency. Provisions for engaging parents in a child’s literacy development are also included.
The provisions that these bills remove outline the criteria for a student to advance to fourth grade. By the end of third grade, students must demonstrate reading proficiency on at least one of the approved assessment measures: the state’s grade three English Language Arts test (score must be less than one year behind in grade three proficiency), an alternative standardized assessment approved by the superintendent, or a portfolio of student work samples. Students who do not demonstrate reading proficiency on one of these measures may be required to repeat third grade. Parents may request a good cause exemption from the retention requirement. Criteria for administrator approval of a good cause exemption are outlined. The repealed provisions include extensive intervention strategies that must be implemented to support the literacy development of students retained in third grade. Students who do not meet the criteria for advancing to fourth grade may be retained beginning in the 2020-2021 school year. Removal of the retention provisions from section 1280f would reduce school accountability and incentives that ensure students’ third grade reading proficiency before advancement to fourth grade.
Introduced
by
Referred to the Committee on Education
Reported without amendment
Referred to the Committee of the Whole
Reported with substitute S-2
Substitute S-2 concurred in by voice vote
1. Amend page 19, following line 22, by inserting:
“(12) In addition to the requirements under sections 1538a and 1531i, as applicable, the superintendent of public instruction shall not, beginning September 30, 2023, approve a teacher preparation institution or an alternative teaching program and, by September 30, 2023, shall revoke the approval of a teacher preparation institution or an alternative teaching program that prepares individuals to serve as pre-K to grade 5 certificated special education personnel with endorsements in learning disabilities, emotional impairments, early childhood special education, teacher consultation, or speech and language impairments; as K to 5 literacy consultants; as a literacy coach; as a school psychologist; as a school district principal and administrator responsible for curriculum, instruction, and assessment decisions; as a pre-K to grade 5 certificated teacher; or as pre-K to grade 5 school personnel providing reading intervention to pupils in this state unless the institution or program offers instruction regarding all of the following to those individuals:
(a) The characteristics of dyslexia and underlying factors that place pupils at risk for difficulties in learning to decode accurately and efficiently.
(b) The secondary consequences of dyslexia, such as problems in reading comprehension and a reduced reading experience that can impede the growth of vocabulary and background knowledge and that can lead to social, emotional, and behavioral difficulties.
(c) Evidence-based instructional methods and features of evidence-based interventions that are grounded in the science of reading and principles of structured language and literacy that are designed for pupils with characteristics of dyslexia and pupils at risk for difficulties in learning to decode accurately and efficiently.
(d) Instructional adjustments for pupils with dyslexia and instructional adjustments for addressing underlying factors that place pupils at risk for difficulties in learning to decode accurately and efficiently.
(e) Methods for developing schoolwide and classroom infrastructures that meet the collective and individual needs of pupils using a multi-tiered system of support (MTSS) framework.
(f) Evidence-based instructional methods, features of evidence-based interventions, and structured language and literacy approaches or programs that are grounded in the science of reading and structured language and literacy.
(13) As used in only subsection (12):
(a) “Dyslexia” means both of the following:
(i) A specific learning disorder that is neurobiological in origin and characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities that typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction.
(ii) A specific learning disorder that may include secondary consequences, such as problems in reading comprehension and a reduced reading experience that can impede the growth of vocabulary and background knowledge and lead to social, emotional, and behavioral difficulties.
(b) “Evidence-based” means an activity, program, process, service, strategy, or intervention that demonstrates statistically significant effects on improving pupil outcomes or other relevant outcomes and that meets at least both of the following:
(i) At least 1 of the following:
(A) Is based on strong evidence from at least 1 well-designed and well-implemented experimental study.
(B) Is based on moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study.
(C) Is based on promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias.
(D) Demonstrates a rationale based on high-quality research findings or positive evaluation that the activity, program, process, service, strategy, or intervention is likely to improve pupil outcomes or other relevant outcomes.
(ii) Includes ongoing efforts to examine the effects of the activity, program, process, service, strategy, or intervention.
(c) “Multi-tiered system of support (MTSS)” means a comprehensive framework that includes 3 distinct tiers of instructional support and is composed of a collection of evidence-based strategies designed to meet the individual needs and assets of a whole pupil at all achievement levels.
(d) “Science of reading” means a cumulative and evolving body of evidence whose research studies follow a scientific process of inquiry and utilize scientific methods to help answer questions related to reading development and issues related to reading and writing derived from research from multiple fields of cognitive psychology, communication sciences, developmental psychology, education, special education, implementation science, linguistics, and neuroscience.
(e) “Structured language and literacy” means systematic, direct, explicit, cumulative, and diagnostic instruction that integrates listening, speaking, reading, and writing and emphasizes the structure of language across the speech sound system (phonology); the writing system (orthography); the structure of sentences (syntax); the meaningful parts of words (morphology); the meaning of words, phrases, sentences, and text (semantics); and the processing of oral and written discourse.” and renumbering the remaining subsection.
The amendment failed 18 to 20 (details)
1. Amend page 4, line 13, after “subsection” by striking out “(10),” and inserting “(9),”.
2. Amend page 6, line 12, after “subsection” by striking out “(10),” and inserting “(9),”.
3. Amend page 8, line 26, after “subsection” by striking out “(11),” and inserting “(10),”.
4. Amend page 11, line 8, by striking out “the parent or legal guardian and”.
5. Amend page 11, line 14, after “deficiency.” by striking out the balance of the line through “CEPI.” on line 16 and inserting “A school district or public school academy shall make its own notification, in a form and manner determined by the school district or public school academy, to the parent or legal guardian of a pupil for whom it received a notification from CEPI. The notification from the school district or public school academy to a parent or legal guardian, as described in this subsection, must include all of the information included in the notification the school district or public school academy received from CEPI.”.
6. Amend page 17, line 29, by striking out all of subsection (9) and renumbering the remaining subsections.
The amendment failed by voice vote
1. Amend page 5, line 12, after “deficiency.” by inserting “The intensive reading intervention described in this subdivision must be provided in the grade level the pupil is currently in and beyond the pupil’s current grade level, including grade levels beyond grade 3, if needed, in accordance with a pupil’s individual reading improvement plan until the pupil no longer has a reading deficiency.”.
2. Amend page 13, line 13, after “provide” by striking out the comma and “only through grade 4,”.
3. Amend page 17, line 19, after “(7)” by striking out “who has a reading deficiency at the end of grade 4”.
4. Amend page 17, line 21, after “intervention” by striking out the balance of the line through “deficiency.” on line 25 and inserting a comma and “as described under subsection (7), for the pupil in the grade level the pupil is currently in and beyond the pupil’s current grade level, including grade levels beyond grade 3, until he or she no longer has a reading deficiency.”.
The amendment failed 17 to 21 (details)
1. Amend page 19, following line 22, by inserting:
“(12) If a grade 3 pupil achieves a reading score that is 1 grade level or more behind, as determined by the department based on the grade 3 state English language arts assessment, the school district or public school academy in which the pupil is enrolled shall ensure that all of the following occur:
(a) Subject to subdivision (c), by not later than 30 days after the school district or public school academy receives notice of the pupil’s reading level under subsection (14), the pupil’s parent or legal guardian is notified that the pupil qualifies for a tutoring stipend to be applied toward a tutoring service selected by the pupil’s parent or legal guardian and that the pupil’s parent or legal guardian has not more than 30 days from the date of the notice sent to the parent or legal guardian to notify the school district or public school academy, in writing, to which tutoring service the parent or legal guardian would like the stipend to be issued.
(b) Not later than 30 days after receiving notice from a parent or legal guardian under subdivision (a), the school district or public school academy shall ensure that the pupil receives tutoring services until the pupil is proficient in reading at the pupil’s grade level through the tutoring service selected by the pupil’s parent or legal guardian under subdivision (a) and that the stipend described in subdivision (a) is issued to the tutoring service. The stipend issued under this subdivision must not exceed $1,000.00 per pupil per year until the pupil is proficient in reading at the pupil’s grade level. A stipend issued under this subdivision cannot be applied toward payment of a tutoring service provided by a high school student who is an eligible individual, as defined in subsection (15)(a). The notice described in subdivision (a) must reflect the immediately preceding sentence.
(c) The pupil’s parent or legal guardian chooses, for purposes of subdivision (a), a tutoring service that is on the list of approved tutoring services under subsection (15).
(13) Not later than May 23 of each year or not later than 14 days after the department finalizes the scoring for the grade 3 state assessments, whichever is earlier, the department shall provide CEPI with the grade 3 state assessment scores for every grade 3 pupil enrolled in a public school in this state who was administered 1 or more of those assessments.
(14) Not later than June 1 of each year or not later than 14 days after CEPI receives the grade 3 state assessment results from the department under subsection (13), whichever is earlier, using those state assessment results, CEPI shall identify each pupil completing grade 3 that year who is not at a grade 3 reading level, shall identify the pupil’s reading level, and shall notify the parent or legal guardian and the school district or public school academy of each of these pupils and the pupil’s reading level. A school district or public school academy may also make its own notification to a parent or guardian in addition to the notification by CEPI. The notification by CEPI to a parent or legal guardian must be by certified mail. The notification by CEPI must clearly state, at a minimum, that, if a parent or legal guardian receives a notification from CEPI under this subsection, the parent or legal guardian may request a meeting with school officials to discuss the student’s lack of proficiency and grade-level performance. If a parent or legal guardian requests a meeting described in this subsection, the school official to whom the request is made must ensure that an appropriate school official is made available to the parent or legal guardian for such a meeting.
(15) The department shall develop a process to accept and approve applications from organizations and entities and eligible individuals to provide tutoring services for purposes of subsection (12). By not later than 60 days after the effective date of the amendatory act that added this sentence, the department shall develop a list of department-approved organizations and entities and eligible individuals and publish that list on its website. As used in this subsection:
(a) “Eligible individuals” includes, but is not limited to, the following individuals:
(i) College graduate students.
(ii) High school students who are supervised by an adult during the duration of the tutoring and who have completed training developed by the department.
(b) “Organizations and entities” includes, but is not limited to, organizations described in section 501(c)(3) of the internal revenue code of 1986, 26 USC 501; faith-based organizations; the YMCA; United Way; Big Brothers and Big Sisters of America; sororities; and fraternities.” and renumbering the remaining subsection.
The amendment failed 18 to 20 (details)
Passed in the Senate 22 to 16 (details)
Referred to the Committee on Education
Reported without amendment
1. Amend page 17, line 24, after “pupil” by striking out the balance of the line through “deficiency.” on line 25 and inserting “is reading at the grade level in which the pupil is enrolled.”.
The amendment failed by voice vote
1. Amend page 11, line 12, after “deficiency” by inserting “and what grade level the pupil scored in reading on the grade 3 state assessment”.
The amendment failed by voice vote
1. Amend page 19, following line 22, by inserting:
“(12) If a grade 3 pupil achieves a reading score that is 1 grade level or more behind, as determined by the department based on the grade 3 state English language arts assessment, the school district or public school academy in which the pupil is enrolled shall ensure that all of the following occur:
(a) Subject to subdivision (c), by not later than 30 days after the school district or public school academy receives notice of the pupil’s reading level under subsection (14), the pupil’s parent or legal guardian is notified that the pupil qualifies for a tutoring stipend to be applied toward a tutoring service selected by the pupil’s parent or legal guardian and that the pupil’s parent or legal guardian has not more than 30 days from the date of the notice sent to the parent or legal guardian to notify the school district or public school academy, in writing, to which tutoring service the parent or legal guardian would like the stipend to be issued.
(b) Not later than 30 days after receiving notice from a parent or legal guardian under subdivision (a), the school district or public school academy shall ensure that the pupil receives tutoring services until the pupil is proficient in reading at the pupil’s grade level through the tutoring service selected by the pupil’s parent or legal guardian under subdivision (a) and that the stipend described in subdivision (a) is issued to the tutoring service. The stipend issued under this subdivision must be up to $1,000.00 per pupil per year until the pupil is proficient in reading at the pupil’s grade level. A stipend issued under this subdivision cannot be applied toward payment of a tutoring service provided by a high school student who is an eligible individual, as defined in subsection (15)(a). The notice described in subdivision (a) must reflect the immediately preceding sentence.
(c) The pupil’s parent or legal guardian chooses, for purposes of subdivision (a), a tutoring service that is on the list of approved tutoring services under subsection (15).
(13) Not later than May 23 of each year or not later than 14 days after the department finalizes the scoring for the grade 3 state assessments, whichever is earlier, the department shall provide CEPI with the grade 3 state assessment scores for every grade 3 pupil enrolled in a public school in this state who was administered 1 or more of those assessments.
(14) Not later than June 1 of each year or not later than 14 days after CEPI receives the grade 3 state assessment results from the department under subsection (13), whichever is earlier, using those state assessment results, CEPI shall identify each pupil completing grade 3 that year who is not at a grade 3 reading level, shall identify the pupil’s reading level, and shall notify the parent or legal guardian and the school district or public school academy of each of these pupils and the pupil’s reading level. A school district or public school academy may also make its own notification to a parent or guardian in addition to the notification by CEPI. The notification by CEPI to a parent or legal guardian must be by certified mail. The notification by CEPI must clearly state, at a minimum, that, if a parent or legal guardian receives a notification from CEPI under this subsection, the parent or legal guardian may request a meeting with school officials to discuss the student’s lack of proficiency and grade-level performance. If a parent or legal guardian requests a meeting described in this subsection, the school official to whom the request is made must ensure that an appropriate school official is made available to the parent or legal guardian for such a meeting.
(15) The department shall develop a process to accept and approve applications from organizations and entities and eligible individuals to provide tutoring services for purposes of subsection (12). By not later than 60 days after the effective date of the amendatory act that added this sentence, the department shall develop a list of department-approved organizations and entities and eligible individuals and publish that list on its website. As used in this subsection:
(a) “Eligible individuals” includes, but is not limited to, the following individuals:
(i) College graduate students.
(ii) High school students who are supervised by an adult during the duration of the tutoring and who have completed training developed by the department.
(b) “Organizations and entities” includes, but is not limited to, organizations described in section 501(c)(3) of the internal revenue code of 1986, 26 USC 501; faith-based organizations; the YMCA; United Way; Big Brothers and Big Sisters of America; sororities; and fraternities.” and renumbering the remaining subsection.
The amendment failed by voice vote
1. Amend page 17, line 24, after “academy” by inserting “and the pupil’s parent or legal guardian”.
The amendment failed by voice vote
Passed in the House 57 to 51 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Motion to give immediate effect
The motion did not prevail by voice vote
