ARC 2862C

ARC 2862C

EDUCATION DEPARTMENT[281]

Adopted and Filed

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 62, "State Standards for Progression in Reading," Iowa Administrative Code.

Item 1 through Item 9 of these amendments replace the term "have a substantial deficiency in reading" with "being persistently at risk in reading" and define that term, consistent with amendments to Iowa Code section 279.68, as well as make conforming changes in grammar and terminology. Item 1 also includes a requirement that results on an annual standard-based assessment be considered. Item 3 also describes changes to services provided to students who are persistently at risk in reading, as required by recent legislation, as well as define when a student is "at risk in reading." Item 4 also makes conforming changes to the rule on intensive summer literacy programs, including the one-year delay in their required date. Item 5 also defines "dyslexia" and specifically indicates that services shall formally address dyslexia, pursuant to legislative action, as well as codifies department guidance on monitoring and services for students who are at risk in reading. Item 10 updates the implementation sentence for Chapter 62.

An agencywide waiver provision is provided in 281—Chapter 4.

Notice of Intended Action was published in the October 12, 2016, Iowa Administrative Bulletin as ARC 2762C. Public comments were allowed until 4:30 p.m. on November 1, 2016. No one attended the public hearing, and no written comments were received. These amendments are identical to those published under Notice of Intended Action.

After analysis and review of this rule making, no impact on jobs has been found.

These amendments are intended to implement Iowa Code section 256.7(31) as amended by 2016 Iowa Acts, chapter 1123, and Iowa Code section 279.68 as amended by 2014 Iowa Acts, chapter 1077, and by 2016 Iowa Acts, chapter 1123.

These amendments will become effective January 11, 2017.

The following amendments are adopted.

Item 1. Amend subrules 62.2(3) and 62.2(4) as follows:

62.2(3) Progress-monitoring instruments. For students identified as having a substantial deficiency being persistently at risk in reading, as well as students who are at risk of a substantial deficiency becoming persistently at risk in reading, a school district shall monitor the students' progress in reading with instruments that meet the standards in subrule 62.2(5), in at least a frequency required by the department.

62.2(4) Statewide or locally determined assessments. Assessments may be locally determined or statewide, including an annual standard-based assessment, provided that all assessments for purposes of implementing this chapter meet the standards described in subrule 62.2(5).

Item 2. Amend subrules 62.3(1) and 62.3(4) as follows:

62.3(1) Locally determined or statewide assessments. In evaluating and reevaluating students who are or may be deficient at risk or persistently at risk in reading, school districts shall use assessments that meet the standards referenced in subrule 62.2(5).

62.3(4) Teacher observation. A student may initially be identified as having a substantial deficiency being persistently at risk in reading proficiency based on teacher observation. A teacher observation under this subrule shall be based on department-approved observation criteria. Teacher observation shall not be used to determine that a student continues to have a substantial deficiency be persistently at risk in reading.

Item 3. Amend rule 281—62.4(256,279) as follows:

281—62.4(256,279) Identification of a student as having a substantial deficiency being persistently at risk in reading. A school district shall follow this rule in determining whether a student in kindergarten through grade three has a substantial deficiency is persistently at risk in reading.

62.4(1) Definition of " substantial deficiency persistently at risk in reading." A school district shall determine that a student has a "substantial deficiency in reading" is "persistently at risk in reading" if, based on the requirements of this chapter, the student's reading is below a standard set on an approved assessment pursuant to subrule 62.2(6) and the student's progress on a measure that meets the requirements of this chapter is minimal student has not met the grade-level benchmarks on two consecutive screening assessments administered pursuant to this chapter. A student is "at risk in reading" if the student did not meet the grade-level benchmark for one of the two most recent screening assessments administered pursuant to this chapter.

62.4(2) Determination of a substantial deficiency persistent risk in reading.

a. In initially determining whether a student has a substantial deficiency is persistently at risk in reading as defined in subrule 62.4(1), the school district shall consider assessments referred to in rule 281—62.2(256,279) and subrule 62.3(1) or teacher observations that meet the criteria referenced in subrule 62.3(4).

b. In determining whether a student continues to have a substantial deficiency be persistently at risk in reading, a school district shall consider assessments referred to in rule 281—62.2(256,279) and subrule 62.3(1), with specific attention given to progress-monitoring results under subrule 62.2(3).

62.4(3) Services offered to all students with a substantial deficiency who are persistently at risk in reading. A school district shall provide intensive reading instruction to any student who exhibits a substantial deficiency is persistently at risk in reading, as defined in subrule 62.4(1). A school district shall continue to provide the student with intensive reading instruction until the student is reading deficiency is remediated at grade level, as determined by the student's consistently proficient performance on valid and reliable measures of reading ability that meet the requirements of rule 281—62.2(256,279). All services provided under this subrule shall comply with rule 281—62.6(256,279).

62.4(4) Notice to parents. The parent or guardian of any student in kindergarten through grade three identified as having a substantial deficiency who is persistently at risk in reading, as defined in subrule 62.4(1), shall be notified at least annually regularly in writing and shall be provided all of the following:

a. That the child has been identified as having a substantial deficiency in reading;

b. a.A description of the services currently provided to the child;

c. b.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 or areas in which the student is persistently at risk in reading deficiency; and

d. c.Strategies for parents and guardians to use in helping the child succeed in reading proficiency student read proficiently, including but not limited to the promotion of parent-guided home reading.; and

d. Regular updates regarding the student's progress toward reaching or exceeding the targeted level of reading proficiency.

Item 4. Amend subrules 62.5(1), 62.5(3) and 62.5(5) as follows:

62.5(1) General. Beginning May 1, 2017 2018, unless the school district is granted a waiver pursuant to subrule 62.5(5), if a student's reading deficiency is not remediated student is persistently at risk in reading by the end of grade three , as demonstrated by scores on a locally determined or statewide assessment as provided in subrule 62.4(2) and is not proficient in reading on a statewide assessment of reading administered pursuant to Iowa Code section 256.7(21), the school district shall notify the student's parent or guardian that the parent or guardian may enroll the student in an intensive summer reading program offered in accordance with this rule.

62.5(3) Student exempt from or completes program and is not reading proficient proficiently. If the student is exempt from participating in an intensive summer reading program for good cause pursuant to rule 281—62.8(256,279) or completes the intensive summer reading program but is not reading proficient proficiently upon completion of the program as determined under subrule 62.4(2), the student may be promoted to grade four, but the school district shall continue to provide the student with intensive reading instruction pursuant to subrule 62.4(3) until the student is proficient in reading reading proficiently, as demonstrated by scores on locally determined or statewide assessments pursuant to subrule 62.4(2).

62.5(5) Waiver of intensive summer reading program. The department may grant a school district a waiver of the requirement to offer an intensive summer reading program for the summer of 2017 2018 only. A school district must demonstrate good cause and that the requested waiver is in keeping with the objectives of Iowa Code section 279.68 and these rules.

Item 5. Amend rule 281—62.6(256,279) as follows:

281—62.6(256,279) Successful progression for early readers. Each school district shall provide the following.

62.6(1) Intensive instructional services. A school district shall provide students who are identified as having a substantial deficiency persistently at risk in reading under subrule 62.4(2) with intensive instructional services and supports, free of charge, to remediate the identified areas of reading deficiency in which students are not proficient in reading. The intensive instructional services are further described in subrule 62.6(2).

a. Intensive instructional services under this subrule shall include a minimum of 90 minutes daily of scientific research-based reading instruction, which shall be core instruction.

b. In addition to the instruction described in paragraph 62.6(1)"a," a school district shall prescribe other strategies, which may include but are not limited to the following:

(1)Small group instruction.

(2)Reduced teacher-student ratios.

(3)More frequent progress monitoring.

(4)Tutoring or mentoring.

(5)Extended school day, week, or year.

(6)Summer reading programs.

62.6(2) Reading enhancement and acceleration development initiative. The intensive instructional services described in subrule 62.6(1) shall be provided to all students in kindergarten through grade three who are identified as having a substantial deficiency being persistently at risk in reading, as determined pursuant to subrule 62.4(2). The services shall meet the following requirements:

a. A school district shall provide intensive instructional services during regular school hours, in addition to the regular reading instruction.

b. A school district shall provide a reading curriculum that meets the standards of subrule 62.6(3).

62.6(3) Reading curriculum for students with substantial deficiencies who are persistently at risk in reading. A curriculum that does not meet the standards of this subrule shall not be used to implement this chapter. To implement this subrule, a school district shall provide a curriculum that meets the following guidelines and specifications:

a. Assists students assessed as exhibiting a substantial deficiency persistently at risk in reading to develop the skills to read at grade level. Assistance shall include but not be limited to strategies that formally address dyslexia, when appropriate. For purposes of this paragraph, "dyslexia" means a specific and significant impairment in the development of reading, including but not limited to phonemic awareness, phonics, fluency, vocabulary, and comprehension, that is not solely accounted for by intellectual disability, sensory disability or impairment, or lack of appropriate instruction.

b. Provides skill development in phonemic awareness, phonics, fluency, vocabulary, and comprehension.

c. Is supported by scientifically based research in reading.

d. Is implemented by certified instructional staff with appropriate training and professional development. Such training and professional development shall meet the requirements of rule 281—83.6(284).

e. Is implemented by certified instructional staff with fidelity, which shall meet such standards for fidelity of implementation that the department may adopt.

f. Includes a scientifically based and reliable assessment, which shall meet the requirements of rule 281—62.1(256,279).

g. Provides initial and ongoing analysis of each student's reading progress, which shall meet the requirements of rule 281—62.1(256,279), with notice provided to parents pursuant to subrule 62.6(4).

h. Is implemented during regular school hours.

i. Provides a curriculum in core academic subjects to assist the student in maintaining or meeting proficiency levels for the appropriate grade in all academic subjects.

62.6(4) Parent notice, involvement and support. At a minimum and in addition to other requirements of this chapter, school districts shall provide the following to all parents or guardians of students who have been identified as having a substantial deficiency are persistently at risk in reading:

a. At regular intervals, a school district shall apprise the parent or guardian of academic and other progress being made by the student and give the parent or guardian other useful information.

b. In addition to required reading enhancement and acceleration strategies provided to students, a school district shall provide parents or guardians of students who are identified as having a substantial deficiency persistently at risk in reading under subrule 62.4(2) with a plan outlined in a parental contract, including participation in regular parent-guided home reading.

62.6(5) Report to the department. Each school district shall report to the department the specific intensive reading interventions and supports implemented by the school district pursuant to this chapter. The department shall annually prescribe the components of required or requested reports.

62.6(6) Rule of construction: students who are at risk in reading. Subject to paragraphs 62.6(6)"a" and "b," school districts may voluntarily provide additional services and interventions to students who are "at risk in reading" as defined in subrule 62.4(1).

a. School districts must provide progress monitoring to students who are "at risk in reading."

b. If a student who was previously "persistently at risk" and is currently identified as "at risk" and falls below the grade-level benchmark on a locally determined number of progress monitoring probes, the student must be provided services under this rule until the next screening assessment administered pursuant to this chapter.

Item 6. Amend subrules 62.7(1) and 62.7(5) as follows:

62.7(1) General. In determining whether to promote a student in grade three to grade four, a school district shall place significant weight on any area that is not yet remediated in which the student is persistently at risk in reading deficiency, as identified pursuant to subrule 62.4(2) that is not yet remediated.

62.7(5) Plan of action required. A decision to retain a student in grade three shall be made only after the formulation of a specific plan of action to remedy address the student's reading deficiency skills until the student is reading at grade level.

Item 7. Amend rule 281—62.8(256,279) as follows:

281—62.8(256,279) Good-cause exemption. A school district shall exempt students from the retention requirements of rule 281—62.7(256,279) and intensive summer reading program requirements of rule 281—62.5(256,279) for good cause.

62.8(1) "Good cause" defined. Good-cause exemptions shall be limited to the following:

a. Limited English proficient students who have had less than two years of instruction in an English language learners program.

b. Students requiring special education whose individualized education program indicates that participation in a locally determined or statewide assessment required by this chapter is not appropriate, consistent with the requirements of rules adopted by the state board of education for the administration of Iowa Code chapter 256B.

c. Students who demonstrate an acceptable level of performance on an alternative performance measure approved pursuant to subrule 62.3(2).

d. Students who demonstrate mastery through a student portfolio under alternative performance measures approved pursuant to subrule 62.3(3).

e. Students who have received intensive remediation in reading for two or more years but who are still demonstrate a deficiency persistently at risk in reading and who were previously retained in kindergarten, grade one, grade two, or grade three. Intensive reading instruction for students so promoted must include an altered instructional day that includes specialized diagnostic information and specific reading strategies for each student. The school district shall assist attendance centers and teachers to implement reading strategies that research has shown to be successful in improving reading among low-performing readers.

62.8(2) Additional documentation required. Requests For students described in paragraphs 62.8(1)"c" and "d," requests for good-cause exemptions from the retention requirement of subrule 62.5(2) and rule 281—62.7(256,279) for a student described in paragraphs 62.8(1)"c" and "d" shall include documentation from the student's teacher to the school principal that indicates that the promotion of the student is appropriate and is based upon the student's academic record. Such documentation shall include but not be limited to the individualized education program, if applicable, report card, or student portfolio.

Item 8. Amend subrules 62.9(1) and 62.9(3) as follows:

62.9(1) Reading proficiency addressed in comprehensive school improvement plan. To ensure all children are reading proficiently by the end of third grade, each school district shall address reading proficiency as part of its comprehensive school improvement plan, drawing upon information about children students from assessments and reassessment conducted pursuant to this chapter and the prevalence of deficiencies areas in which students are persistently at risk in reading, identified by classroom, elementary school, and other student characteristics.

62.9(3) Attendance centers with lower levels of reading proficiency. If more than 15 percent of an attendance center's students are not proficient in reading proficiently by the end of third grade, the comprehensive school improvement plan shall include strategies to reduce that percentage, including school and community strategies to raise the percentage of students who are proficient in reading at grade level. Strategies adopted under this subrule shall meet the requirements of this chapter.

Item 9. Amend subrule 62.10(1) as follows:

62.10(1) Services beyond third grade. Students who are identified as having a substantial deficiency persistently at risk in reading that is not remediated at the end of third grade remain entitled to intensive reading instruction. Nothing in this chapter shall be construed to prevent a school district from offering scientific research-based instruction in reading to students above third grade. Nothing in this chapter shall be construed to prohibit a school district from determining a student above third grade as having a substantial deficiency is persistently at risk in reading or from providing services to a student so identified.

Item 10. Amend 281—Chapter 62, implementation sentence, as follows:

These rules are intended to implement Iowa Code sections section 256.7(31)as amended by 2016 Iowa Acts, chapter 1123, and section 279.68as amended by 2014 Iowa Acts, chapter 1077, and 2016 Iowa Acts, chapter 1123.

[Filed 11/16/16, effective 1/11/17]

[Published 12/7/16]

Editor's Note: For replacement pages for IAC, see IAC Supplement 12/7/16.