First Substitute H.B. 62

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 14, 2006 at 3:47 PM by chopkin. -->

Representative Karen W. Morgan proposes the following substitute bill:

1 READING REQUIREMENTS FOR STUDENT
2 ADVANCEMENT
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Karen W. Morgan
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires that students in third grade read at or above grade level prior to
11 advancing to the next grade, with certain exceptions.
12 Highlighted Provisions:
13 This bill:
14 . generally prohibits a school district from promoting a student in third grade to the
15 next grade level if the child is not reading at or above grade level;
16 . provides certain student exemptions;
17 . requires school districts or charter schools to provide parental notice and reading
18 intervention; and
19 . requires the State Board of Education to make rules.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:

26 53A-1-606.6, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-1-606.6 is enacted to read:
30 53A-1-606.6. Standards for grade advancement -- Exceptions -- Rulemaking.
31 (1) (a) Except as provided in Subsection (1)(b), a school district or charter school may
32 not promote a student from third grade who is not reading at or above grade level, as
33 determined by multiple assessments administered pursuant to this part, and pursuant to rules
34 enacted under Subsection (7).
35 (b) Subsection (1)(a) does not apply to H. [ :
36 (i) ] .H students with disabilities who may be exempt by an individualized education plan
37 covered under the Individuals with Disabilities Education Act or Section 504 of the
38 Rehabilitation Act H. [ ; and ]
39 [ (ii) limited English proficiency students ] .H .
40 (2) At the beginning of each school year, a school district or charter school shall
41 provide information to the parents and guardians of its third grade students regarding the
42 standards for grade advancement in accordance with this section.
43 (3) Prior to exercising its authority under Subsection (1)(a), a school district or charter
44 school shall:
45 (a) notify a student and that student's parent or guardian, prior to the midpoint of the
46 school year, that there is a possibility that the student may not be promoted under Subsection
47 (1)(a) at the conclusion of the school year; and
48 (b) provide focused reading remediation through interventions that may include
49 tutoring, before and after school programs, or summer school assistance.
50 (4) A parent or guardian may H. [ appeal ] reverse .H the decision to not promote
50a a student H. by appealing .H directly to
51 the principal, who shall H. [ either support the decision or ] .H overturn H. [ it ] the
51a decision .H and advance the student.
52 (5) A decision to not promote a student under this section shall apply if the student
53 transfers to another public school.
54 (6) A student who has been retained shall, upon request, but no later than October 1, be
55 allowed to demonstrate standards proficiency and thereby be advanced to the appropriate grade.
56 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the

57 State Board of Education shall make rules defining:
58 (a) expected reading levels for H. [ third grade ] first, second, and third grades .H ; and
59 (b) eligibility standards for students described in Subsection (1)(b).