This text of Indiana § 20-32-8.5-2 (Plan requirements; retention; exceptions; notification; reporting
process) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Except as provided in subsection (b), the
plan required by this chapter must include the following:
(1)Reading skill standards for grade 1 through grade 3.
(2)A method for making determinant evaluations by grade 3 that
remedial action is required for a student, including:
(A)except as provided in subsections (c) and (g), beginning
with evaluations administered during the 2024-2025 school
year, retention of the student in grade 3 if the student has not
achieved a passing score on the determinant evaluation of
reading skills approved by the state board after the student has
had an opportunity to retake the determinant evaluation at least
twice in the summer; and
(B)the use of curricular materials and supplemental materials
aligned to the science of reading that are designed to addres
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(a) Except as provided in subsection (b), the
plan required by this chapter must include the following:
(1) Reading skill standards for grade 1 through grade 3.
(2) A method for making determinant evaluations by grade 3 that
remedial action is required for a student, including:
(A) except as provided in subsections (c) and (g), beginning
with evaluations administered during the 2024-2025 school
year, retention of the student in grade 3 if the student has not
achieved a passing score on the determinant evaluation of
reading skills approved by the state board after the student has
had an opportunity to retake the determinant evaluation at least
twice in the summer; and
(B) the use of curricular materials and supplemental materials
aligned to the science of reading that are designed to address
deficiencies in reading;
after other methods of remediation have been evaluated or used,
or both, if reading skills are below the standard. Appropriate
consultation with parents or guardians must be part of the plan.
(3) A requirement that schools notify a student's parent of the
following:
(A) The student's assessment results regarding skill level in:
(i) phonemic awareness;
(ii) phonics;
(iii) fluency;
(iv) vocabulary; and
(v) comprehension.
(B) The student's assessment results on the determinant
evaluation of reading skills approved by the state board.
(C) Any intervention provided to the student or any remedial
action taken.
(4) A requirement that schools monitor the progress of students
who failed to achieve a valid passing score on the:
(A) determinant evaluation of reading skills approved by the
state board; or
(B) statewide assessment program test.
(5) A requirement that schools provide reading instruction that
includes a core reading program aligned with the science of
reading to all students in kindergarten through grade 8.
(6) A requirement for the administration of the determinant
evaluation of reading skills approved by the state board to
students in grade 2.
(7) A requirement that all students take the determinant
evaluation of reading skills approved by the state board until the
student:
(A) receives a passing score, regardless of the student's grade
level; or
(B) enters grade 7.
(8) A requirement that a school report the following to the
department:
(A) The literacy interventions that will be used for students in
grade 2 who are at risk of not being reading proficient and
students in grade 3 who do not achieve a valid passing score on
the determinant evaluation of reading skills approved by the
state board.
(B) The literacy interventions in use before the adoption of the
plan for students in grade 2 who are at risk of not being reading
proficient and students in grade 3 who do not achieve a valid
passing score on the determinant evaluation of reading skills
approved by the state board.
(C) The literacy interventions in use before the adoption of the
plan for students who do not achieve a valid passing score on
the determinant evaluation of reading skills approved by the
state board.
(D) The number of students being served by the interventions
described in clauses (B) and (C).
(E) The cost of providing the interventions described in clauses
(B) and (C).
(F) Any other information requested by the department.
(9) Requirements for a school in which fewer than seventy
percent (70%) of students of the school achieved a valid passing
score on the determinant evaluation of reading skills approved by
the state board that must include the following:
(A) Use of curriculum that is:
(i) based on the science of reading;
(ii) age appropriate; and
(iii) approved by the department.
(B) Employment of the following:
(i) Before July 1, 2025, an instructional coach who is trained
in the science of reading, as determined by the department.
This item expires January 1, 2026.
(ii) After June 30, 2025, an instructional coach with a literacy
related endorsement who is trained in the science of reading.
(C) Use of only benchmark, formative, interim, or similar
assessments that:
(i) show alignment with Indiana's academic standards; and
(ii) are approved by the department.
(D) Use of a screener procured under IC 20-32-5.1-17(j).
(10) The fiscal impact of each component of the plan, if any. In
determining whether a component has a fiscal impact,
consideration shall be given to whether the component will
increase costs to the state or a school corporation or require the
state or school corporation to reallocate resources.
(b) A school may receive a waiver of the requirements provided in
511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative
reading plan provided by the school.
(c) Except as approved by the department under subsection (g), a
student who would otherwise be subject to retention in grade 3 under
the plan is not subject to the retention requirement only if the student
meets one (1) of the following criteria:
(1) The student was subject to retention and has been retained in
grade 3 for one (1) school year.
(2) The student has an intellectual disability or the student's
individualized education program specifies that retention is not
appropriate, and the student's case conference committee has
determined that promotion to another grade is appropriate.
(3) The student is an English learner who has received services
for fewer than two (2) years and a committee consisting of:
(A) the student's parent;
(B) a building level administrator or designee;
(C) a classroom teacher of service;
(D) an English learner teacher of record, if one exists; and
(E) an English learner district administrator, if one exists;
determines that promotion is appropriate based on the
implementation of research based instructional practices outlined
in the student's individual learning plan.
(4) The student received a score of proficient or above proficient
in grade 3 math on the statewide summative assessment.
(5) The student:
(A) has received intensive intervention as determined by the
department in reading for two (2) or more years; and
(B) was retained more than one (1) time throughout
kindergarten, grade 1, or grade 2.
(d) A student who is not subject to the retention requirement as
provided under subsection (c) must be provided with additional reading
instruction that is aligned with the science of reading until the student
achieves a passing score on the determinant evaluation of reading skills
approved by the state board.
(e) Before October 1 of each school year, the department shall:
(1) identify each incoming student (as defined in section 0.7 of
this chapter) enrolled in kindergarten in a school in Indiana; and
(2) notify the parent or guardian of the student of the retention
requirement under this chapter for grade 3 students who do not
achieve a passing score on the Indiana reading evaluation and
determination (IRead3).
(f) The department shall establish a standard reporting process and
reporting window for schools to report students who qualify for an
exemption under subsection (c).
(g) The department shall establish a registration process for schools
to exempt an English language learner who:
(1) does not achieve a passing score on the determinant
evaluation of reading skills approved by the state board; and
(2) attends a school that has a student population comprised of at
least fifty percent (50%) of English language learners in grade 3,
as determined by the department;
from compliance with the requirements under subsection (a)(2)(A)
until the beginning of the 2027-2028 school year. This subsection
expires July 1, 2028.