HF 3709

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:53am

A bill for an act
relating to education; allowing a school to retain a student in grade 3 if they are
not reading at grade level; proposing coding for new law in Minnesota Statutes,
chapter 120B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[120B.121] STUDENTS ACQUIRE GRADE-LEVEL READING
PROFICIENCY BY THE END OF GRADE 3.

(a) Beginning in the 2015-2016 school year and later, school sites within a district
or a charter school must not promote to grade 4 a student who is unable to demonstrate
grade-level proficiency as measured by the statewide reading assessment in grade 3 or
locally determined reading assessments but may establish a good cause exception under
paragraph (b) to ensure a student is not unnecessarily retained in grade 3.

(b) Under a good cause exception established by the district or charter school in its
literacy plan, a student who does not demonstrate grade-level reading proficiency on
the statewide reading assessment by the end of grade 3 may be promoted to grade 4 if
the student is:

(1) a limited English-proficient student who has not received instruction in an
English language learner program during two school years;

(2) an eligible child with disabilities whose individualized education program
indicates that participating in the statewide reading assessment program is not appropriate;

(3) a student who demonstrates grade-level reading proficiency on an alternative
locally approved standardized reading assessment or, using a student portfolio compiled
by the teacher for this purpose, demonstrates grade-level reading proficiency;

(4) an eligible child with disabilities who participates in statewide assessments under
an individualized education program or section 504 plan that indicates that the child has
received intensive reading remediation for more than two school years and was previously
retained in one or more grades in an appropriate alternative placement, consistent with the
student's individualized education program; or

(5) a student who received intensive reading instruction for two or more school years
and was previously retained for a total of two school years in an appropriate alternative
placement as part of the local literacy plan.

(c) The parent of a student who is not reading at grade level at the end of grade 3 and
does not qualify for a good cause exception may ask to meet with a school administrator,
the student's classroom teacher, and other qualified school professionals such as the school's
reading teacher or school counselor to consider whether to promote the student to grade 4 or
retain the student in grade 3. A school site or charter school must comply with the parent's
meeting request in a timely manner and before the end of the current school year. If, after
the meeting, the parent objects to retaining the student, the parent must sign a school form
stating that the parent opposes retaining the student and understands the educational risks
of promoting a grade 3 student to grade 4 who is not grade-level reading proficient and the
school site or charter school must promote the otherwise qualified student to grade 4.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to students entering grade 3 in the 2015-2016 school year and later.