Section 1. Definitions

A. “Retention” or “retained” means an individual repeating the same grade level in a subsequent school year that the individual participated in during the immediately preceding school year.

B. “Science of reading” means evidence-based reading instruction that focuses on phonemic awareness, phonics, fluency, vocabulary, and comprehension and can be differentiated to meet the needs of individual students.

C. “Three-cueing model” means reading instruction that uses meaning drawn from context, pictures, or syntax as the primary basis for teaching word recognition.

D. “Teacher candidate” means an individual recommended for an initial teaching license from a teacher preparation program in [insert state].

E. “Teacher preparation program” means an entity that has been approved by the [insert state authority] to offer a course of study leading to an initial teaching certification.

Section 2.

A. Beginning with the [insert school year] school year, each local board of education shall adopt curriculum or supplemental materials for reading instruction that are aligned with the science of reading and the student’s reading proficiency.

B. Beginning with the [insert school year] school year, each local board of education may not adopt curriculum or supplemental materials for reading instruction that are based on the three-cueing model.

Section 3.

A. The [insert appropriate state authority] shall develop guidelines requiring teacher preparation programs to use curriculum or content that instructs teacher candidates on the science of reading.

B. Beginning [insert future date], the [insert appropriate state authority] shall require teacher preparation programs to use curriculum or content that aligns with the requirement in Subsection A of this section.

Section 4.

A. Not later than [insert future date], the [insert appropriate state authority] shall establish and require a literacy endorsement for all individuals who:

1. Are obtaining a teaching license for the first time; and
2. Will teach a content area involving literacy instruction, including special education, in prekindergarten through grade 5.

B. To be eligible to receive a literacy endorsement, an individual must meet the following requirements:

1. Complete 80 hours of evidence-based professional development that is:
   • (i) Aligned to the science of reading;
   • (ii) Approved by the [insert appropriate state authority];
2. Demonstrate proficiency in reading instruction skills aligned to the science of reading on an examination or through other procedures prescribed by the [insert appropriate state authority] in accordance with this section.

C. The professional development required under Subsection B of this section must:

1. Promote explicit, systematic, and cumulative instruction as the primary approach to literacy instruction;
2. Promote an understanding of how language, reading, and writing relate to each other;
3. Promote strategies for differentiated instruction for students with reading difficulties, students with disabilities, and English language learners.
4. Focus on phonemic awareness, phonics, fluency, vocabulary, and comprehension;
5. Allow participants to implement the strategies into a classroom environment with the opportunity for feedback throughout the professional development experience; and
6. Provide individualized and on demand support.

D. The examination required under Subsection B of this section shall ensure that the individual demonstrates the ability to:

1. Effectively teach foundational reading skills, phonemic awareness, phonics, fluency, vocabulary, and comprehension;
2. Implement reading instruction using high quality instructional materials aligned to the science of reading; and
3. Provide effective instruction and interventions for students with reading deficiencies.

E. The [insert appropriate state authority] shall approve and provide the professional development necessary for an individual to receive a literacy endorsement under this section.

F. The [insert appropriate state authority] shall establish a procedure by which an existing teacher can add the literacy endorsement created in this section to their teaching license.

G. The [insert appropriate state authority] shall promulgate rules that are necessary to carry out the requirements of this section.

Section 5.
A. Beginning with the [insert school year], a public school shall offer summer school courses designated by the [insert state agency] to support students in:

1. Grade 2 who are at risk of not being reading proficient; and
2. Grade 3 who are not reading proficient, as indicated on the determinant evaluation of reading skills approved by the [insert state authority].

B. A summer school course described in subsection A of this section must:

1. Be taught by a teacher, instructor, or tutor who is trained in the science of reading as determined by the [insert state authority]; and
2. Use curriculum or intervention materials aligned with the science of reading.

C. If a student described in subsection A of this section does not achieve at least a ninety percent (90%) attendance rate in a summer reading course described in subsection A of this
section, the student shall participate in an individual reading plan aligned with the science of reading in the following school year.

Section 6.
A. Beginning with the [insert school year] school year, a student in grade 3 shall be retained if:

1. The student has not achieved a passing score on the determinant evaluation of reading skills approved by the [insert state authority]; and
2. The student has had an opportunity to retake the determinant evaluation in the summer.

B. A student who would otherwise be subject to the retention requirement in subsection A of this section is not subject to the retention requirement if the student:

1. 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 language learner who has received services for fewer than two (2) years and a committee determines that promotion is appropriate based on the implementation of research based instructional practices outlined in the student’s individual learning plan. The committee described in this subdivision shall
   consist of:
   • i. The student’s parent;
   • ii. A building level administrator or designee;
   • iii. A classroom teacher of service;
   • iv. An English learner teacher of record, if one exists; and
   • v. An English learner district administrator, if one exists.
4. The student received a score of proficient or above proficient in grade 3 math on the [insert state assessment]; or
5. The student:

• • i. Has received intensive intervention as determined by the [insert state authority] in reading for two (2) or more years; and
  • ii. Was retained more than one (1) time throughout kindergarten, grade 1, or grade 2.

C. A student who is not subject to the retention requirement, as provided in subsection B of this section, 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 [insert state authority].

D. Before October 1 of each school year, the [insert state authority] shall notify the parent or guardian of each incoming kindergartner of the retention requirement in this section.

E. Each public school district shall establish a procedure that allows a parent of a student who was retained under the provisions of this section to appeal the student’s retention if the parent believes the student meets an exception specified in subsection B of this section.

Section 7.
F. Each public school district shall prescribe rules and regulations that:

1. Require public schools to notify a student’s parent when any intervention or remedial action is taken with regard to the student’s reading performance;
2. Require public schools to monitor the progress of students who failed to achieve a passing score on the determinant evaluation of reading skills approved by the
   [insert state authority];
3. Requires all students to take the determinant evaluation of reading skills approved by the state board until the student:
   • i. Receives a passing score, regardless of the student’s grade level; or
   • ii. Enters grade 7.
4. Require public schools to report to the [insert state authority] 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.