Utah Code § 53G-10-803 — Utah Code / Title 53G / Chapter 53G-10 / § 53G-10-803
§ 53G-10-803. Scaled reading interventions.
Status: in_force

7/1/2026 (1) In identifying reading interventions for a given student, the literacy team shall: (a) ensure that identified reading interventions present the best approach for the student to improve literacy given the student's specific circumstances through: (i) alignment with the science of reading; (ii) research-based reading strategies for which evidence demonstrates success in improving reading among low-performing readers; and (iii) targeting of the student's identified reading deficiencies; (b) recommend a scaled intensity of reading interventions and intervention settings based on: (i) the student's historical and current performance on the benchmark assessment relative to the benchmark for the student's grade level; (ii) any reading interventions the student has received in a previous grade, including previous retention; and (iii) the student's performance in numeracy and other foundational abilities; and (c) consider including the following recommended reading interventions for a student in grades 1 through 3 who scores well below benchmark on the end-of-year benchmark reading assessment, in addition to in-school reading interventions: (i) screening for dyslexia, including providing information to a parent regarding potential resources and options for screening; and (ii) extended learning options, including after-school reading interventions and summer literacy programs. (2) (a) An LEA shall consider retention and discuss the value of early retention with the student's parent for: (i) a student in kindergarten who scores well below benchmark on the mid-year or end-of-year benchmark reading assessment; (ii) a student in grade 1 who: (A) scores well below benchmark on the end-of-year benchmark reading assessment; and (B) has already had an individualized reading plan before the end-of-year benchmark reading assessment and does not demonstrate above typical academic progress on the benchmark reading assessment; (iii) a student in grade 2 who scores well below benchmark on the end-of-year benchmark reading assessment: (A) began grade 2 below benchmark on the benchmark reading assessment; or (B) has already had an individualized reading plan before the end-of-year benchmark reading assessment and does not demonstrate above typical academic progress on the benchmark reading assessment; and (iv) before the 2029-2030 academic year, a student in grade 3 who does not score at or above benchmark on the end-of-year benchmark reading assessment. (b) Beginning with the end-of-year benchmark reading assessment in the 2029-2030 academic year, for a student in grade 3 who does not score at or above benchmark on the end-of-year benchmark reading assessment, an LEA: (i) except as provided in Subsection (2)(b)(ii), shall retain the student in grade 3; and (ii) may promote the student to grade 4 if one of the following good cause exemptions applies: (A) the student scores below benchmark, but not well below benchmark, on the benchmark reading assessment and makes typical academic progress on the benchmark reading assessment; (B) the school provides intensive reading interventions during the summer between grade 3 and grade 4, and the student improves to at benchmark or above benchmark on a benchmark reading assessment that the school administers during the summer; (C) the student is an English learner with limited English proficiency and fewer than three years of instruction in an English language learner program; (D) the student has an IEP or Section 504 accommodation plan and if the student's IEP or Section 504 accommodation plan indicates that participation in the benchmark reading assessment is not appropriate, if the student has received intensive reading interventions for two or more years, or if the student has been retained in any of kindergarten or grades 1 through 3; (E) the student demonstrates an acceptable level of reading proficiency on an alternative standardized assessment that the LEA superintendent approves or by making above typical academic progress for multiple years on the benchmark reading assessment; (F) the student demonstrates through a student portfolio that the student is performing at an equivalent standard of proficiency based on other measures that the individualized reading plan determines; (G) the student still demonstrates a reading deficiency after receiving intensive reading interventions for two or more years and after having been retained in any of kindergarten or grades 1 through 3; or (H) the student moved to a school for or during grade 3 and had not previously received an individualized reading plan or received intensive reading interventions previously. (c) An LEA shall provide a student described in Subsection (2)(b)(ii) intensive reading interventions during grade 4 through an individualized reading plan, which may include an extended instructional day. (3) (a) Except as provided in Subsection (3)(b), a student's literacy team shall make the determination of whether a good cause exemption described in Subsection (2)(b)(ii) applies. (b) If members of a student's literacy team disagree as to whether a good cause exemption described in Subsection (2)(b)(ii) applies, an individual whom the LEA's superintendent designates shall make the determination of whether a good cause exemption applies. (4) (a) An LEA shall: (i) establish a process for a parent to appeal the determination described in Subsection (3) regarding a student's retention or promotion under Subsection (2) if: (A) the determination process was erroneous; or (B) there is new evidence that is relevant to the determination; and (ii) designate an individual or a team within the LEA to review appeals under Subsection (4)(a)(i), including an individual who has received formal training in and has experience working in the science of reading. (b) The state board shall create a model process for the appeals described in Subsection (4)(a).