167.645. Reading assessments required, when--reading improvement plan required, when--additional reading instruction required, when--retention in grade permitted, when.

MISSOURI STATUTES AND CODES

167.645. Reading assessments required, when--reading improvement plan required, when--additional reading instruction required, when--retention in grade permitted, when.

Reading assessments required, when--reading improvement planrequired, when--additional reading instruction required,when--retention in grade permitted, when.

167.645. 1. For purposes of this section, the following terms mean:

(1) "Reading assessment", a recognized method of judging a student'sreading ability, with results expressed as reading at a particular gradelevel. The term reading assessment shall include, but is not limited to,standard checklists designed for use as a student reads out loud,paper-and-pencil tests promulgated by nationally recognized organizations andother recognized methods of determining a student's reading accuracy,expression, fluency and comprehension in order to make a determination of thestudent's grade-level reading ability. Assessments which do not give agrade-level result may be used in combination with other assessments to reacha grade-level determination. Districts are encouraged but not required toselect assessment methods identified pursuant to section 167.346. Districtsare also encouraged to use multiple methods of assessment;

(2) "Summer school", for reading instruction purposes, a minimum offorty hours of reading instruction and practice. A school district mayarrange the hours and days of instruction to coordinate with its regularprogram of summer school.

2. For purposes of this section, methods of reading assessment shall bedetermined by each school district. Unless a student has been determined inthe current school year to be reading at grade level or above, each schooldistrict shall administer a reading assessment or set of assessments to eachstudent within forty-five days of the end of the third-grade year, except thatthe provisions of this subsection shall not apply to students receivingspecial education services under an individualized education plan pursuant tosections 162.670 to 162.999, RSMo, to students receiving services pursuant toSection 504 of the Rehabilitation Act of 1973 whose services plan includes anelement addressing reading or to students determined to have limited Englishproficiency or to students who have been determined, prior to the beginning ofany school year, to have a cognitive ability insufficient to meet the readingrequirement set out in this section, provided that districts shall providereading improvement plans for students determined to have such insufficientcognitive ability. The assessment required by this subsection shall also berequired for students who enter a school district in grades four, five or sixunless such student has been determined in the current school year to bereading at grade level or above.

3. Beginning with school year 2002-03, for each student whosethird-grade reading assessment determines that such student is reading belowsecond-grade level, the school district shall design a reading improvementplan for the student's fourth-grade year. Such reading improvement plan shallinclude, at a minimum, thirty hours of additional reading instruction orpractice outside the regular school day during the fourth-grade year. Theschool district shall determine the method of reading instruction necessary toenforce this subsection. The school district may also require the student toattend summer school for reading instruction as a condition of promotion tofourth grade. The department of elementary and secondary education may, fromfunds appropriated for the purpose, reimburse school districts for additionalinstructional personnel costs incurred in the implementation and execution ofthe thirty hours of additional reading instruction minus the revenue generatedby the school district through the foundation formula for the additionalreading instruction average daily attendance.

4. Each student for whom a reading improvement plan has been designedpursuant to subsection 3 of this section shall be given another readingassessment, to be administered within forty-five days of the end of suchstudent's fourth-grade year. If such student is determined to be readingbelow third-grade level, the student shall be required to attend summer schoolto receive reading instruction. At the end of such summer school instruction,such student shall be given another reading assessment. If such student isdetermined to be reading below third-grade level, the district shall notifythe student's parents or guardians, and the student shall not be promoted tofifth grade. No student shall be denied promotion more than once solely forinability to meet the reading standards set out in this section.

5. The process described in subsections 3 and 4 of this section shall berepeated as necessary through the end of the sixth grade, with the targetgrade level rising accordingly. Mandatory retention in grade shall not applyto grades subsequent to fourth grade.

6. The mandatory process of additional reading instruction pursuant tothis section shall cease at the end of the sixth grade. The permanent recordof students who are determined to be reading below the fifth-grade level atthe end of sixth grade shall carry a notation advising that such student hasnot met minimal reading standards. The notation shall stay on the student'srecord until such time as the district determines that a student has metminimal reading standards.

7. Each school district shall be required to offer summer school readinginstruction to any student with a reading improvement plan. Districts mayfulfill the requirement of this section through cooperative arrangements withneighboring districts; provided that such districts shall timely make allpayments provided pursuant to such cooperative agreements.

8. A school district may adopt a policy that requires retention in gradeof any student who has been determined to require summer school instruction inreading and who does not fulfill the summer school attendance requirement.

9. Nothing in this section shall preclude a school district fromretaining any student in grade when a determination is made in accordance withdistrict policy that retention is in the best interests of the student.

10. The state board of education shall not incorporate information aboutthe number of students receiving additional instruction pursuant to thissection into any element of any standard of the Missouri school improvementprogram or its successor accreditation program; provided, however, eachdistrict shall make available, upon the request of any parent, patron, ormedia outlet within the district, the number and percentage of studentsreceiving remediation pursuant to this section. The information shall bepresented in a way that does not permit personal identification of any studentor educational personnel.

11. Each school district shall make a systematic effort to informparents of the methods and materials used to teach reading in kindergartenthrough fourth grade, in terms understandable to a layperson and shallsimilarly inform parents of students for whom a reading improvement plan isrequired pursuant to this section.