AL Code § 16-6G-5 (2021)
2021 Code of Alabama|Title 16 - Education.|Chapter 6G - Alabama Literacy Act.|Section 16-6G-5 - Reading and Intervention Programs; Individual Reading Improvement Plan; Summer Reading Camps; Alabama Summer Achievement Program; Retention of Students; Reporting Requirements.

Section 16-6G-5Reading and intervention programs; individual reading improvement plan; summer reading camps; Alabama Summer Achievement Program; retention of students; reporting requirements. (a) To ensure that public school students are able to read at or above grade level by the end of third grade, each local education agency shall offer a comprehensive core reading program to all students based on the science of reading which develops foundational reading skills. In addition, no school district may use any curriculum for public K-3 students that does not have instructional time included. (b) Based on the results of the reading assessment in Section 16-6G-3, each K-3 student who exhibits a reading deficiency, or the characteristics of dyslexia, shall be provided an appropriate reading intervention program to address his or her specific deficiencies. Additionally, students shall be evaluated after every grading period and, if a student is determined to have a reading deficiency, the school shall provide the student with additional tutorial support. The State Superintendent of Education shall provide a list of vetted and approved comprehensive reading and intervention programs with the advice of the task force established under subsection (a) of Section 16-6G-3. The intervention program shall be provided in addition to the comprehensive core reading instruction that is provided to all students in the general education classroom. Dyslexia specific intervention, as defined by rule of the State Board of Education, shall be provided to students who have the characteristics of dyslexia and all struggling readers. The reading intervention program shall do all of the following:  (1) Provide explicit, direct instruction that is systematic, sequential, and cumulative in language development, phonological awareness, phonics, fluency, vocabulary, and comprehension, as applicable. (2) Provide daily targeted small group reading interventions based on student need in phonological awareness, phonics including decoding and encoding, sight words, vocabulary, or comprehension. (3) Be implemented during regular school hours. (c) The parent or legal guardian of any K-3 student who exhibits a consistent deficiency in letter naming fluency, letter sound fluency, nonsense word reading, sight words, oral reading accuracy, vocabulary, or comprehension at any time during the school year shall be notified in writing no later than 15 school days after the identification. The written notification shall include all of the following: (1) A statement that the student has been identified as having a deficiency in reading or exhibits the characteristics of dyslexia, and that a reading improvement plan shall be developed by the teacher, principal, other pertinent school personnel, and the parent or legal guardian. (2) A description of the current services that are provided to the student. (3) A description of the proposed evidence-based reading interventions and supplemental instructional services and supports that shall be proposed for discussion while establishing the student's reading improvement plan as provided in subsection (d).  (4) Notification that the parent or legal guardian shall be informed in writing at least monthly of the progress of the student towards grade level reading. (5) Strategies and resources for the parent or legal guardian to use at home to help the student succeed in reading. (6) A statement that if the reading deficiency of the student is not addressed by the end of third grade, the student will not be promoted to fourth grade unless a good cause exemption is satisfied. (7) A statement that while the statewide reading assessment is the initial determinant for promotion, the assessment is not the sole determiner at the end of third grade. Additionally, students shall be provided with a test-based student portfolio option and an alternative reading assessment option to demonstrate sufficient reading skills for promotion to fourth grade. (d) Any K-3 student who exhibits a reading deficiency at any time, as provided in subsection (b), shall receive an individual reading improvement plan no later than 30 days after the identification of the reading deficiency. (1) The reading improvement plan shall be created by the teacher, principal, other pertinent school personnel, and the parent or legal guardian of the student, and shall describe the evidence-based reading intervention services, including dyslexia specific intervention services, that the student shall receive to improve the reading deficit. (2) Each identified student shall receive intensive reading intervention until the student no longer has a deficiency in reading, as determined by a State Board of Education approved reading assessment. (3) Funds allocated to procuring curricula for student interventions pursuant to subdivision (5) of subsection (a) of Section 16-6G-4 shall be divided, based on a per pupil allocation determined by the number of students of each local education agency who are not proficient on a state approved reading assessment during the prior academic year, and distributed by the State Superintendent of Education. (e) Each local education agency shall provide summer reading camps to all K-3 students identified with a reading deficiency as described in subsection (b). (1) Summer reading camps shall be staffed with highly effective teachers of reading as demonstrated by student reading performance data, completion of multisensory structured language education, and teacher performance evaluations. (2) The highly effective teacher of reading shall provide direct, explicit, and systematic reading intervention services and supports to improve any identified area of reading deficiency. (3) Summer reading camps, at a minimum, shall include 70 hours of time in scientifically based reading instruction and intervention. (4) A State Board of Education approved reading assessment system shall be administered at the beginning and end of the summer reading camp to measure student progress. (5) Summer reading camps may be held in conjunction with existing summer programs in the school district or in partnership with community-based summer programs, designated as effective by the State Superintendent of Education and the task force established under subsection (a) of Section 16-6G-3. (f) The Alabama Summer Achievement Program is established and shall be available to all K-3 students in public elementary schools that are among the lowest performing five percent of elementary schools. (1) The program shall be administered and funded by the allocation provided in subdivision (2) of subsection (a) of Section 16-6G-4. (2) Funds allocated to the program in excess of the amount needed to fully fund summer programs in public elementary schools that are among the lowest five percent performing schools shall be divided, based on a per pupil allocation, and distributed by the State Superintendent of Education, to support high quality summer camps at elementary schools that are not among the lowest five percent performing elementary schools. The State Superintendent of Education shall award the funds to each local education agency based on the number of students who scored deficient, as determined by the task force established under subsection (a) of Section 16-6G-3, on a state-approved reading assessment used to determine reading proficiency during the administration of the assessment during the preceding academic year. (3) The State Superintendent of Education shall provide guidelines for the administration of the Alabama Summer Achievement Program, and shall oversee all of the following: a. The administration of the Alabama Summer Achievement Program in the lowest five percent performing elementary schools. b. The response to instruction process in the lowest five percent performing elementary schools. c. The Alabama Reading Initiative regional literacy specialists and local reading specialists. d. All other aspects of implementation of this chapter including, but not limited to, collaboration among State Department of Education staff and the task force established under subsection (a) of Section 16-6G-3 to improve the reading proficiency of public K-3 students and implementation of rules adopted by the State Board of Education. e. The implementation of rules adopted by the State Board of Education pertaining to dyslexia. f. Collaboration with the Alabama Reading Initiative state staff and the Alabama Department of Early Childhood Education for appropriate professional learning approved by the State Department of Education. g. The development of guidelines for identifying the characteristics of dyslexia. (g) Any incoming third grade student identified with a reading deficiency shall be provided more intensified reading interventions to improve his or her specific reading deficiency. Reading intervention services shall include effective instructional strategies to accelerate student progress. Each local education agency shall conduct a review of student reading improvement plans for all incoming third grade students identified with a reading deficiency. The review shall address additional supports and services, as described in this section, necessary to improve any identified area of reading deficiency. The local education agency shall provide all of the following services for third grade students identified with a reading deficiency, and those services may be funded with funds received through the allocation provided in subdivision (2) of subsection (a) of Section 16-6G-4:  (1) An effective or highly effective teacher of reading as demonstrated by student reading performance data and teacher performance evaluations. (2) Reading intervention services and supports to improve any identified area of reading deficiency including, but not limited to, all of the following: a. Additional instructional time devoted to scientifically based and evidence based reading instruction and intervention. b. The use of evidence based reading strategies or programs, or both, that have been vetted and approved by the State Superintendent of Education and the task force established under subsection (a) of Section 16-6G-3, that have demonstrated proven results in accelerating student reading achievement within the same school year. c. Daily targeted small group reading intervention based on student need. d. Explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback. e. Frequent monitoring of the progress of the reading skills of each student throughout the school year and adjusting instruction according to student need. (3) Before school or after school, or both, supplemental evidence-based reading intervention delivered by a teacher or tutor with specialized reading training. (4) A read at home plan, including participation in parent training workshops or regular parent guided home reading activities. (h) Commencing with the 2021-2022 school year, third grade students shall demonstrate sufficient reading skills for promotion to fourth grade. Students shall be provided all of the following options to demonstrate sufficient reading skills for promotion to fourth grade, and the State Superintendent of Education shall provide guidelines for the implementation of this subsection: (1) Scoring above the lowest achievement level, as determined by rule of the State Board of Education, on a board-approved assessment in reading as provided in Section 16-6G-3. (2) Earning an acceptable score on an alternative standardized reading assessment as determined and approved by the State Superintendent of Education. (3) Demonstrating mastery of third grade minimum essential state reading standards as evidenced by a student reading portfolio. The State Superintendent of Education and the task force established under subsection (a) of Section 16-6G-3 shall establish criteria for minimum essential standards and the student reading portfolios and a definition of what constitutes mastery of all third grade state reading standards. (i) If a student does not demonstrate sufficient reading skills on one of the three options listed in subsection (h) and does not qualify for a good cause exemption, the student may not be promoted to fourth grade. (j) A local education agency may only exempt students from mandatory retention, as provided in subsection (i), for good cause. A student who is promoted to fourth grade with a good cause exemption shall continue to receive intensive reading intervention that includes specific reading strategies prescribed in the individual reading improvement plan of the student until the deficiency is improved. The local education agency shall assist schools and teachers with the implementation of reading strategies that research has shown to be successful in improving reading among students with reading difficulties. Good cause exemptions shall be limited to the following: (1) Students with disabilities whose Individual Education Plan indicates that participation in the statewide assessment program is not appropriate, consistent with state law. (2) Students identified as English language learners who have had less than two years of instruction in English as a second language. (3) Students with disabilities who participate in the statewide English language arts reading assessment and who have an Individual Education Plan or a Section 504 plan that reflects that the student has received intensive reading intervention for more than two years and who still demonstrates a deficiency in reading and was previously retained in kindergarten, first grade, second grade, or third grade. (4) Students who have received intensive reading intervention for two or more years and who still demonstrate a deficiency in reading and who were previously retained in kindergarten, first grade, second grade, or third grade for a total of two years. (k) No student shall be retained more than twice in kindergarten through third grade. (l) A request to exempt a student from the mandatory retention requirement using one of the good cause exemptions listed in subsection (j) shall be made consistent with the following: (1) Documentation shall be submitted to the school principal from the teacher of the student that indicates that the promotion of the student is appropriate. Documentation shall include a statement identifying which good cause exemption is requested, as well as the existing reading improvement plan or Individual Education Plan of the student, as applicable. (2) The school principal shall review the recommendation of the teacher, determine if the student meets one of the good cause exemptions, and shall make his or her determination in writing to the local superintendent of education. The local superintendent of education, in writing, shall approve or reject the recommendation of the school principal. (3) The local education agency shall assist schools under its jurisdiction in providing written notification to the parent of any student who is retained in third grade for not achieving the reading level required for promotion. Notice shall clearly state the reasons why the student is not eligible for a good cause exemption and shall include a description of the proposed interventions and supports that shall be provided to the student to improve any identified area of reading deficiency during the retained year. (4) There shall be established at each school, as applicable, an intensive acceleration for any student retained in third grade. In addition to the criteria established in subdivisions (1) to (4), inclusive, of subsection (g), the intensive acceleration shall be taught by a highly effective teacher of reading who has received training in the science of reading and multisensory language instruction, as demonstrated by student reading performance data and teacher performance evaluations; shall have a reduced teacher-student ratio; and shall provide explicit and systematic reading instruction and intervention for the majority of student contact time each day. (m) Annually, on or before September 30, each local education agency shall report in writing to the State Superintendent of Education the following information on the previous school year: (1) By grade, the number and percentage of all K-3 students identified with a reading deficiency on a State Department of Education approved reading assessment. (2) By grade, the number and percentage of students screened for dyslexia characteristics, the number and percentage of students identified as demonstrating the characteristics of dyslexia and receiving dyslexia specific intervention, and the name of the dyslexia specific intervention being provided. (3) By grade, the number and percentage of all K-3 students performing on grade level or above on a State Board of Education approved reading assessment. (4) The total number and percentage of students starting third grade with a reading deficiency, which shall include the specific area of reading deficiency. (5) The total number and percentage of third grade students who started third grade with a reading deficiency but completed third grade on grade level as determined by the third grade state standardized assessment in reading. (6) By grade, the total number and percentage of eligible K-3 students who attended the Alabama Summer Achievement Program or other mandatory summer reading camp. (7) By grade, pre- and post-Alabama Summer Achievement Program reading assessment scores and other mandatory summer camp data. (8) By grade, the number and percentage of all students retained in grades K-3. (9) The total number and percentage of students in third grade who demonstrated sufficient reading skills for promotion on the alternative reading assessment. (10) The total number and percentage of students in third grade who were promoted for good cause, by each category of good cause specified in subsection (j). (11) In succeeding years, the performance of students promoted with a good cause on the state standardized assessment in reading. (12) By school, the number of teachers who are participating in or have completed professional development in the science of reading and who hold advanced certifications in those areas. (13) By school, the number of teachers who have completed training in dyslexia awareness, multisensory strategies, and satisfy the definition of a dyslexia interventionist as defined by rule of the State Board of Education.  (n) The State Superintendent of Education shall establish a uniform format for local school systems to use in reporting the information required by subsection (m). The format shall be developed with input from local education agencies and shall be provided to each local education agency no later than 90 days before the annual due date. Annually, on or before December 1, the State Superintendent of Education shall compile the information received from the local education agencies into state level summary information and report the information to the State Board of Education, the public, the Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chairs of the House Ways and Means Education Committee and Senate Finance and Taxation Education Committee. (1) The State Superintendent of Education and the task force established under subsection (a) of Section 16-6G-3 shall establish annual reading growth and proficiency targets based on the information required to be reported to the superintendent in subsection (m). (2) Of the funds allocated to the Alabama Reading Initiative pursuant to subdivision (6) of subsection (a) of Section 16-6G-4 for state administration, the State Superintendent of Education may allocate such sums as he or she deems appropriate to establish an Alabama Reading Initiative Incentive Program that shall distribute monetary incentives to schools based on a formula, approved by the State Superintendent of Education with the Alabama Committee on Grade Level Reading created in Section 16-6G-7, that shall factor the size and geography of the school, reading growth and proficiency, and the composition of student subgroups. (Act 2019-523, §5.)