(1) Beginning
no later than the 2013-14 school year, if, within forty-five days before the end of any
school year prior to a student's fourth-grade year, a teacher finds that a student
has a significant reading deficiency, personnel of the local education provider shall
provide to the student's parent the written notice described in subsection (2) of this
section; except that the provisions of this section shall not apply if:
(a) The student is a student with a disability who is eligible to take the
alternative statewide assessment, or the student is identified as having a disability
that substantially impacts the student's progress in developing reading skills,
resulting in the student's significant reading deficiency;
(b) The student is an English language learner, as defined in section 22-24-103, and the student's significant reading deficiency is due primarily to the
student's language skills; or
(c) The student is completing the second school year at the same grade
level.
(2) The written notice that the personnel provides to a parent pursuant to
subsection (1) of this section at a minimum shall state that:
(a) There are serious implications to a student entering fourth grade with a
significant reading deficiency and, therefore, under state law, the parent, the
student's teacher, and other personnel of the local education provider are required
to meet and consider retention as an intervention strategy and determine whether
the student, despite having a significant reading deficiency, is able to maintain
adequate academic progress at the next grade level;
(b) Personnel of the student's school will work with the parent to schedule a
date, time, and place for the meeting; and
(c) If the parent does not attend the meeting, the teacher and personnel of
the local education provider will decide whether the student will advance to the
next grade level in the next school year.
(3) After sending the written notice, personnel of the student's school shall
contact the parent to schedule the meeting to decide whether the student will
advance to the next grade level. If, after making documented attempts to schedule
the meeting with the parent, personnel of the student's school are unable to
schedule the meeting, or if the parent does not attend the scheduled meeting, the
teacher and personnel selected by the local education provider shall decide, based
on the student's body of evidence, whether the student will advance to the next
grade level for the next school year.
(4) (a) At the meeting required by this section, the teacher and any other
personnel selected by the local education provider shall, at a minimum,
communicate to and discuss with the parent the following information:
(I) That there are serious implications to a student entering fourth grade with
a significant reading deficiency and, therefore, under state law, the parent, the
student's teacher, and other personnel of the local education provider are required
to meet and consider retention as an intervention strategy and determine whether
the student, despite having a significant reading deficiency, is able to maintain
adequate academic progress at the next grade level;
(II) The importance of achieving reading competency by the end of third
grade, because students who achieve reading competency by the end of third grade
are more likely to graduate from high school and attain a postsecondary credential;
(III) The student's body of evidence and the likelihood that the student,
despite having a significant reading deficiency, will be able to maintain adequate
academic progress at the next grade level;
(IV) The increased level of intervention instruction the student will receive in
the next school year regardless of whether the student advances to the next grade
level; and
(V) The potential effects on the student if he or she does not advance to the
next grade level.
(b) After discussing the issues specified in paragraph (a) of this subsection
(4), the parent, the teacher, and the other personnel shall decide whether the
student will advance to the next grade level in the next school year. If the parent,
teacher, and other personnel are not in agreement, the parent shall decide whether
the student will advance to the next grade level unless otherwise specified in the
policy adopted by the local education provider.
(5) As soon as possible after the decision is made pursuant to subsection (3)
of this section or at the conclusion of the meeting described in subsection (4) of this
section, the personnel of the local education provider shall provide to the parent a
written statement that the student will or will not advance to the next grade level in
the next school year and the basis for the decision. The personnel shall also provide
a copy of the statement to the school district superintendent, if the student is
enrolled in a public school of a school district that is not a charter school, or to the
school principal, if the student is enrolled in a district charter school, an institute
charter school, or a public school operated by a board of cooperative services. The
local education provider shall include the statement in the student's permanent
academic record and shall remove the statement from the student's permanent
academic record when the student achieves reading competency.
(6) Notwithstanding any provision of paragraph (b) of subsection (4) of this
section to the contrary, beginning with the 2016-17 school year, if a student is
completing third grade and the student's teacher and other personnel decide
pursuant to subsection (3) of this section or the student's parent decides pursuant
to subsection (4) of this section that the student will advance to fourth grade even
though the student has a significant reading deficiency, the decision to advance the
student is subject to approval of the school district superintendent or the
superintendent's designee, if the student is enrolled in a public school of a school
district that is not a charter school, or subject to approval of the school principal, if
the student is enrolled in a district charter school, an institute charter school, or a
public school operated by a board of cooperative services. If the superintendent, or
his or her designee, or the principal, whichever is applicable, does not approve the
decision to advance the student, the student shall not advance to fourth grade in
the next school year. As soon as possible, the local education provider shall provide
a written statement to the parent concerning the decision of the superintendent or
designee or the principal and the basis for the decision. The local education
provider shall include the statement in the student's permanent academic record
and shall remove the statement from the student's permanent academic record
when the student achieves reading competency.
(7) Each local education provider shall ensure that, to the extent practicable,
all of the oral and written communications to a parent that are required in this
section are delivered in a language the parent understands.
(8) The provisions of this section specify the circumstances under which a
local education provider, in collaboration with a student's teacher and parent, is
required to decide whether a student who has a significant reading deficiency
should advance to the next grade level. The provisions of this part 12 do not limit
the ability of a local education provider to decide, in accordance with policies and
procedures of the local education provider, that a student at any grade level should
not advance to the next grade level for any reason deemed sufficient by the local
education provider.