Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 17 - PERSONNEL (§§ 6-17-101 — 6-17-2906) › Subchapter 4 - LICENSURE GENERALLY (§§ 6-17-401 — 6-17-431) › Section 6-17-429 - Right to Read Act - Definitions

(a)
This section shall be known and may be cited as the "Right to Read Act".
(b)
(1)
(A)
No later than 2023, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction:
(i)
A person who completes a state-approved educator preparation program; and
(ii)
A person seeking teacher licensure by reciprocity or by adding an endorsement.
(B)
No later than 2023, a person who completes a state-approved educator preparation program other than a teacher of elementary education program shall demonstrate an awareness of the best practices of scientific reading instruction.
(2)
Beginning no later than the 2022-2023 school year, each state-approved educator preparation program shall post on its website information describing its program to prepare teachers to teach reading using scientific reading instruction aligned with but not limited to the content measured by the stand-alone reading assessment adopted by the State Board of Education under §
6-17-402
.
(c)
(1)
Beginning with the 2018-2019 school year, a public school district and an open-enrollment public charter school shall provide the following professional development in scientific reading instruction:
(A)
For teachers licensed at the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction; and
(B)
For teachers licensed at a level other than the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction.
(2)
Beginning with the 2020-2021 school year, a public school or open-enrollment public charter school that does not provide the professional development under subdivision (c)(1) of this section shall:
(A)
Be placed in probationary status; and
(B)
Provide notice to parents that the public school district has not met the requirements of this section.
(d)
(1)
By the beginning of the 2023-2024 school year:
(A)
(i)
All teachers employed in a classroom teaching position that requires a license to teach elementary students in kindergarten through grade six (K-6) or a license to teach a special education course that directly relates to literacy for students in kindergarten through grade twelve (K-12) shall demonstrate proficiency in knowledge and practices of scientific reading instruction.
(ii)
A teacher described in subdivision (d)(1)(A)(i) of this section who has not demonstrated proficiency by the 2023-2024 school year may be afforded an opportunity to demonstrate proficiency by being placed in an intensive support status under §
6-17-2807
for a period of time specified by the teacher's evaluator in the professional growth plan for the teacher; and
(B)
All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction.
(2)
All teachers who begin employment in the 2023-2024 school year and each following school year shall demonstrate proficiency or awareness in knowledge and practices of scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of scientific reading instruction credential either:
(A)
As a condition of licensure; or
(B)
Within one (1) year if the teacher is:
(i)
Already licensed; or
(ii)
Employed under a waiver from licensure.
(3)
The requirements under this subsection shall not apply to a teacher who:
(A)
Has already demonstrated proficiency through an approved, prescribed pathway; and
(B)
Is adding an endorsement to his or her teaching license.
(e)
A provider of a state-approved educator preparation program, graduate program, or alternative preparation program shall include in its annual report to the Division of Elementary and Secondary Education a description of the provider's program to prepare educators to teach reading using scientific reading instruction.
(f)
By the beginning of the 2020-2021 school year, the division shall identify and create an approved list of materials, resources, and curriculum programs for public school districts and open-enrollment public charter schools that are supported by the science of reading and based on instruction that is explicit, systematic, cumulative, and diagnostic, including without limitation:
(1)
Dyslexia programs that are evidence-based and:
(A)
Aligned to structured literacy; or
(B)
Grounded in the Orton-Gillingham methodology;
(2)
Evidence-based reading intervention programs; and
(3)
Evidence-based reading programs that are grounded in the science of reading.
(g)
(1)
By the beginning of the 2021-2022 school year, any public school district and open-enrollment public charter school purchasing a curriculum program shall choose a curriculum program from the division's approved list of curriculum programs created under subsection (f) of this section.
(2)
A public school district or open-enrollment public charter school that chooses to purchase a curriculum program that is not from the division's approved list of curriculum programs shall submit the following to the division for approval of the alternative curriculum program:
(A)
A rationale for choosing the alternative curriculum program; and
(B)
Evidence-based research regarding the alternative curriculum program.
(3)
By the beginning of the 2023-2024 school year, any public school district or open-enrollment public charter school that is using a curriculum program that is not from the division's approved list created under subsection (f) of this section shall notify all parents, legal guardians, and persons standing in loco parentis to students in writing and on the public school district's or open-enrollment public charter school's website.
(h)
By the beginning of the 2019-2020 school year, a public school district and an open-enrollment public charter school shall establish a professional development program as required by §
6-15-2914(b)(1)(B)
that shall:
(1)
Include without limitation instruction based on the science of reading; and
(2)
Be provided on an annual basis after the professional development required under subdivision (c)(1) of this section is complete.
(i)
(1)
(A)
A public school district or an open-enrollment public charter school that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts and may be placed in probationary status by the division.
(B)
A public school district or an open-enrollment public charter school placed in probationary status under subdivision (i)(1)(A) of this section shall send written notification to the parents of the students in the public school district of the reason for being placed in probationary status.
(2)
(A)
A provider of a state-approved educator preparation program, graduate program, or alternative preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider's approval status revoked.
(B)
The division shall audit each program under subdivision (i)(2)(A) of this section at least one (1) time every three (3) years to verify compliance with this section.
(3)
(A)
A public school district or an open-enrollment public charter school shall not use a program of instruction for students in kindergarten through grade two (K-2) that is based in any practice or intervention program that utilizes:
(i)
The three-cueing system model of reading;
(ii)
Visual memory as the primary basis for teaching word recognition; or
(iii)
The three-cueing system model of reading based on meaning, structure and syntax, and visual, which is also known as "MSV".
(B)
(i)
Beginning with the 2023-2024 school year, if the state board determines that a public school district or an open-enrollment public charter school has violated subdivision (i)(3)(A) of this section, the state board shall notify the public school district or the open-enrollment public charter school of its violation.
(ii)
(a)
If a public school district or an open-enrollment public charter school fails to remedy its violation under subdivision (i)(3)(A) of this section within sixty (60) days of notification of its failure to comply with subdivision (i)(3)(A) of this section, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school as provided under §
6-20-2305(a)(1)(B)
.
(b)
Once the state board determines that a public school district or open-enrollment public charter school has complied with this section, the division shall restore the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school to its original amount before the reduction was made under subdivision (i)(3)(B)(ii)
(a)
of this section.
(j)
Beginning with the 2023-2024 school year, with full implementation no later than the 2025-2026 school year, the division shall:
(1)
(A)
Ensure that every kindergarten through grade three (K-3) teacher in a public school earning a "D" or "F" rating under §
6-15-2105
or §
6-15-2106
or state board rules or a low-performing public school based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, as identified by the division, has access to a literacy coach to support increased literacy rates through coaching for teachers and administrators.
(B)
Subject to legislative appropriation, the division shall provide, train, and assign literacy coaches to low-performing public schools based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, which shall be based on criteria established by the division.
(C)
A literacy coach shall have without limitation:
(i)
Expertise in both pedagogy and the science of reading;
(ii)
Evidence of success in coaching and classroom instruction;
(iii)
An understanding of learning disabilities in reading; and
(iv)
An understanding of the child find mandate of the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., as it existed on January 1, 2023.
(D)
A literacy coach shall:
(i)
Leverage knowledge of evidence-based instruction and practices aligned to the science of reading to support teachers in maximizing student learning;
(ii)
Engage in instructional coaching cycles with teachers to build capacity for classroom instructional practices;
(iii)
Deliver consistent and frequent job-embedded professional learning;
(iv)
Design and facilitate relevant and cohesive professional learning sessions to strengthen the implementation of evidence-based instructional practices aligned to the science of reading with teachers;
(v)
Assist teachers in analyzing data to inform instructional adjustments;
(vi)
Partner with teachers to integrate professional learning into classroom practice;
(vii)
Work with teachers to ensure effective communication strategies and resource sharing with parents, legal guardians, and persons standing in loco parentis to students;
(viii)
Partner with a public school principal or designated leader to connect school-wide literacy goals with evidence-based instruction and practices aligned to the science of reading;
(ix)
Provide feedback on teachers' evidence-based instruction and practices that may be used for teacher evaluations;
(x)
Actively participate in professional learning experiences to deepen knowledge and skills for coaching;
(xi)
Be compensated on a competitive salary schedule to be determined by the division;
(xii)
Receive a yearly bonus of up to ten thousand dollars ($10,000) based on measurable performance outcomes; and
(xiii)
Meet performance criteria established by the division.
(E)
A literacy coach may be employed by the division directly or by contract.
(F)
Public school districts and open-enrollment public charter schools identified by the division to have access to a literacy coach under subdivision (j)(1)(A) of this section shall agree to involve the public school, public school district, and open-enrollment public charter school leadership team as directed by the division; and
(2)
(A)
(i)
Establish a literacy tutoring grant program to provide funds for supplemental educational services for eligible students.
(ii)
As used in this section, "eligible student" means any student enrolled in public school in kindergarten through grade three (K-3) who:
(a)
Is determined to not meet the reading standard, as defined by the state board;
(b)
Is determined to be at risk for reading difficulties according to the results of a high-quality literacy screener, as provided under this section; or
(c)
Has received a good cause exemption for promotion to grade four (4), pending the availability of funds.
(B)
The literacy tutoring grant created under subdivision (j)(2)(A) of this section shall be in the amount of five hundred dollars ($500) per eligible student per year on a first-come, first-served basis, with priority given to eligible students who are to be retained in grade three (3).
(C)
The division shall administer and implement the literacy tutoring grant created under subdivision (j)(2)(A) of this section according to rules developed and adopted by the state board, which shall require the division to:
(i)
Evaluate a student's eligibility for the literacy tutoring grant created under subdivision (j)(2)(A) of this section;
(ii)
Develop an application process for students and providers and to accept applications;
(iii)
(a)
Evaluate providers of supplemental educational services, including without limitation those with expertise in early literacy, to determine the providers' initial and continued eligibility for payments.
(b)
The division shall establish minimum criteria by which approved providers shall be evaluated to ensure effectiveness of a literacy tutoring grant program created under subdivision (j)(2)(A) of this section in improving eligible students' reading abilities, including without limitation performance on the Arkansas annual reading assessment or other literacy assessments approved by the division.
(c)
A provider that fails to demonstrate improvement in eligible students' reading abilities for two (2) consecutive years shall be deemed ineligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section;
(iv)
(a)
Remit payments to approved providers for services rendered to eligible students in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section.
(b)
The division shall establish criteria for prioritizing eligible students if the number of applicants exceeds available funding for literacy tutoring grants;
(v)
Notify the governing authority of each public school district and open-enrollment public charter school of the application process, requirements, and deadlines for a literacy tutoring grant for parents, legal guardians, or persons standing in loco parentis to a student;
(vi)
Remit payment for services provided, up to a maximum of five hundred dollars ($500) per eligible student per school year, which may be used for any of the following purposes designed to improve reading or literacy skills:
(a)
Online or in-person, high-dosage tutoring services from a list of state-approved providers whose employees are trained in the science of reading and hold:
(1)
Valid teaching certificates in either elementary education or reading; or
(2)
Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or
(b)
Evidence-based digital literacy applications or software programs from a list of state-approved programs that are in alignment with the science of reading;
(vii)
Develop and curate a list of approved tutoring providers and evidence-based digital literacy applications or software programs that are in alignment with the science of reading that will be updated on a regular basis; and
(viii)
Develop a procedure for verification that eligible students who received a literacy tutoring grant received the services or materials for which payments were made.
(D)
By no later than October 1 of each year, or as soon as practicable if a student's reading need is identified after October 1, each public school district and open-enrollment public charter school shall notify the parent, legal guardian, or person standing in loco parentis to a student regarding:
(i)
Each student who is eligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section;
(ii)
The process for applying for the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; and
(iii)
Other information provided by the division.
(k)
Beginning with the 2023-2024 school year, with full implementation no later than the 2025-2026 school year, public school districts and open-enrollment public charter schools shall:
(1)
(A)
Notify all parents, legal guardians, or persons standing in loco parentis to a student, in writing, in a parent-friendly manner, of their student's reading progress each time the student is assessed throughout the year using high-quality literacy screener results, as required by §
6-15-2907(a)(2)
and §
6-15-2006(a)(1)(C)
.
(B)
The written notification in a parent-friendly manner required under subdivision (k)(1)(A) of this section may be in the language of communication preferred by a parent, legal guardian, or person standing in loco parentis to a student;
(2)
(A)
Develop an individual reading plan for each student in kindergarten through grade three (K-3) who does not meet the reading standard as:
(i)
Determined by the state board; and
(ii)
Measured by a high-quality literacy screener or the state annual accountability assessment.
(B)
An individual reading plan shall include:
(i)
The student's specific, diagnosed reading skill needs, including without limitation:
(a)
Phonemic awareness;
(b)
Phonics decoding;
(c)
Text reading fluency;
(d)
Vocabulary-building strategies; and
(e)
Self-regulated use of reading comprehension strategies, as identified by high-quality literacy screener data;
(ii)
The goals and benchmarks for the student's growth;
(iii)
How the student's progress will be monitored and evaluated;
(iv)
The type of additional instructional services and interventions the student may receive;
(v)
The intensive, evidence-based literacy intervention program aligned to the science of reading the student's teacher will use to address the areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension;
(vi)
The strategies the student's parents, legal guardians, or persons standing in loco parentis to the student are encouraged to use in assisting the student to achieve the student's reading goal; and
(vii)
Any additional services the student's teacher determines are available and appropriate to accelerate the student's reading skill development;
(3)
Notify all parents, legal guardians, or persons standing in loco parentis to a student in writing of the content of their child's independent reading plan and progress on the independent reading plan throughout the year; and
(4)
By the beginning of the 2024-2025 school year, report to the division the:
(A)
Types of interventions used; and
(B)
Students receiving each type of intervention.
(l)
(1)
By the beginning of the 2025-2026 school year, if a public school student has not met the third-grade reading standard, as defined by the state board, or the student does not have a good-cause exemption, as provided under this subsection, the student shall not be promoted to grade four (4).
(2)
(A)
A student in grade three (3) who does not meet the reading standard for promotion to grade four (4) may be promoted by the school district for good cause.
(B)
A good-cause exemption for promotion shall be limited to the following students:
(i)
Limited English Proficiency students who have had less than three (3) years of instruction in an English language learner program;
(ii)
Students with a disability who are not eligible for the alternate assessment and who have an individualized education program or a 504 Plan that reflects that the individual student:
(a)
Has received an intensive, evidence-based literacy intervention program aligned to the science of reading for more than two (2) years; and
(b)
Still demonstrates a need in reading proficiency or previously was retained in kindergarten, grade one (1), grade two (2), or grade three (3);
(iii)
Students who:
(a)
Have received an intensive, evidence-based literacy intervention program aligned to the science of reading for two (2) or more years;
(b)
Still demonstrate a need in reading proficiency and who previously were retained in kindergarten, grade one (1), grade two (2), or grade three (3);
(c)
Have received a special education referral and a full comprehensive evaluation; and
(d)
Have not met exceptional education criteria;
(iv)
Students who have already been retained in kindergarten, grade one (1), grade two (2), or grade three (3) for one (1) year;
(v)
(a)
Students who can demonstrate that they are successful and independent readers and can perform at or above grade level.
(b)
A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and
(vi)
Other students with necessary, justifiable good-cause exemptions identified as appropriate by the state board, in consultation with reading experts.
(3)
For each student who does not meet the reading standard established by the state board by the end of grade three (3), including students who are promoted with good-cause exemptions to grade four (4), during the subsequent summer and school year, the public school district or open-enrollment public charter school in which the student is enrolled shall:
(A)
Provide at least ninety (90) minutes of evidence-based literacy instruction aligned to the science of reading during each school day;
(B)
Assign the student to a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, or if the public school district or open-enrollment public charter school is unable to identify a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, assign the student to a teacher:
(i)
With a highly-effective rating according to the Teacher Excellence and Support System, §
6-17-2801
et seq., where possible; or
(ii)
Deemed to be a high-performing teacher as defined by a Master Professional Educator designation;
(C)
(i)
Provide parents, legal guardians, or persons standing in loco parentis to students with a "read-at-home" plan to support student early literacy growth.
(ii)
A "read-at-home" plan shall include evidence-based science of reading strategies and tools that are aligned to a student's individual reading plan for parents, legal guardians, or persons standing in loco parentis to a student to use with their children;
(D)
Identify eligible students for literacy tutoring grants as established by this section and notify parents, legal guardians, or persons standing in loco parentis to a student regarding their child's eligibility;
(E)
Be given priority to receive a literacy tutoring grant under this section; and
(F)
Be given the option to participate in additional intensive, evidence-based literacy intervention programs aligned to the science of reading.
(m)
The division shall:
(1)
Enforce this section;
(2)
Promulgate rules to implement this section; and
(3)
Contract with a vendor to conduct an annual independent evaluation to identify and assess strategies that the state, public school districts, and open-enrollment public charter schools have taken to support Arkansas students in reading at grade level by the end of grade three (3).
(n)
As used in this section:
(1)
"Science of reading" means the study of the relationship between cognitive science and educational outcomes; and
(2)
"Structured literacy" means an approach by which licensed personnel teach reading in an explicit, systematic, cumulative, and diagnostic manner.
(o)
(1)
The Secretary of the Department of Education shall hire an Education Ombudsman to assist the division in the enforcement of this section, including without limitation enforcing the requirements for:
(A)
Demonstrating proficiency;
(B)
Providing professional development; and
(C)
Using a permitted program of instruction.
(2)
The secretary may designate additional requirements related to public education, including without limitation the enforcement of literacy requirements.
(3)
The secretary shall supervise the Education Ombudsman and shall not delegate supervision to an employee of the division.
(4)
(A)
The minimum qualifications for the Education Ombudsman shall include a master's degree in:
(i)
Education; or
(ii)
A related field.
(B)
An individual who has served as a past public school district superintendent or who serves as a current public school district superintendent is not eligible to serve as the Education Ombudsman under this section.
(5)
The Education Ombudsman may:
(A)
Communicate with:
(i)
A public school student, with permission from a parent, legal guardian, or person standing in loco parentis of the public school student;
(ii)
A parent, legal guardian, or person standing in loco parentis of a public school student; and
(iii)
Administration, faculty, and staff employed by a public school district or open-enrollment public charter school;
(B)
Review an issue or concern related to the education of a public school student enrolled in a public school or open-enrollment public charter school;
(C)
Recommend training and resources to a public school, public school district, or open-enrollment public charter school; and
(D)
Request support and assistance from the division to be provided to a public school, public school district, or open-enrollment public charter school.
(6)
(A)
The Education Ombudsman shall prepare and submit an annual report to the state board concerning the work of the Education Ombudsman and any recommendations related to the focus areas of the Education Ombudsman.
(B)
The report required under subdivision (o)(6)(A) of this section shall be submitted every two (2) years to the:
(i)
House Committee on Education; and
(ii)
Senate Committee on Education.
(p)
The state board may promulgate rules to implement this section.
Amended by Act 2023, No. 791,§ 1, eff. 8/1/2023.
Amended by Act 2023, No. 109,§ 1, eff. 8/1/2023.
Amended by Act 2023, No. 237,§ 29, eff. 3/8/2023.
Amended by Act 2023, No. 237,§ 28, eff. 3/8/2023.
Amended by Act 2023, No. 237,§ 27, eff. 3/8/2023.
Amended by Act 2021, No. 606,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 606,§ 1, eff. 7/28/2021.
Amended by Act 2021, No. 489,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 83,§ 4, eff. 7/24/2019.
Amended by Act 2019, No. 83,§ 3, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 1433, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 1432, eff. 7/1/2019.
Added by Act 2017, No. 1063,§ 1, eff. 8/1/2017.