House File 2137 - Introduced HOUSE FILE 2137 BY MASCHER A BILL FOR An Act making progression of certain students from grade three 1 and the provision of summer reading programs by school 2 districts subject to an appropriation of funds by the 3 general assembly, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5425YH (3) 86 kh/rj

H.F. 2137 Section 1. Section 279.68, subsection 1, paragraph c, Code 1 2016, is amended to read as follows: 2 c. Beginning Subject to an appropriation of sufficient funds 3 by the general assembly for purposes of administering intensive 4 summer reading programs under subsection 2, paragraph “e” , 5 beginning May 1, 2017, unless the school district is granted a 6 waiver pursuant to subsection 2 , paragraph “e” , if the student’s 7 reading deficiency is not remedied by the end of grade three, 8 as demonstrated by scoring on a locally determined or statewide 9 assessment as provided in section 256.7, subsection 31 , the 10 school district shall notify the student’s parent or guardian 11 that the parent or guardian may enroll the student in an 12 intensive summer reading program offered in accordance with 13 subsection 2 , paragraph “e” . If the parent or guardian does 14 not enroll the student in the intensive summer reading program 15 and the student is ineligible for the good cause exemption 16 under subsection 5 , the student shall be retained in grade 17 three pursuant to subsection 3 . If the student is exempt from 18 participating in an intensive summer reading program for good 19 cause, pursuant to subsection 5 , or completes the intensive 20 summer reading program but is not reading proficient upon 21 completion of the program, the student may be promoted to grade 22 four, but the school district shall continue to provide the 23 student with intensive reading instruction until the student 24 is proficient in reading as demonstrated by scoring on locally 25 determined or statewide assessments. 26 Sec. 2. Section 279.68, subsection 2, paragraph a, 27 subparagraph (6), Code 2016, is amended to read as follows: 28 (6) Summer reading programs . However, this subparagraph is 29 subject to an appropriation of sufficient funds by the general 30 assembly for the specific purpose of implementing summer 31 reading programs . 32 Sec. 3. Section 279.68, subsection 2, paragraph e, Code 33 2016, is amended to read as follows: 34 e. Offer each summer, beginning in the summer of 2017, 35 -1- LSB 5425YH (3) 86 kh/rj 1/ 3

H.F. 2137 unless the school district receives a waiver from this 1 requirement from the department of education for the summer 2 of 2017 subject to an appropriation of sufficient funds by 3 the general assembly for the specific purpose of implementing 4 intensive summer reading programs under this section , an 5 intensive summer literacy reading program for students assessed 6 as exhibiting a substantial deficiency in reading. The program 7 shall meet the criteria and follow the guidelines established 8 pursuant to section 256.9, subsection 53 , paragraph “c” , 9 subparagraph (1), subparagraph division (g). 10 Sec. 4. REQUEST FOR 2017 INTENSIVE SUMMER READING PROGRAM 11 WAIVER. Notwithstanding section 279.68, a school district that 12 is unable to meet the requirements of section 279.68, relating 13 to the implementation of an intensive summer reading program in 14 the summer of 2017, may request a waiver from the department of 15 education to delay, until the summer of 2018, implementation 16 of the requirements of section 279.68, subsection 1, paragraph 17 “c”, section 279.68, subsection 2, paragraph “a”, subparagraph 18 (6), and section 279.68, subsection 2, paragraph “e”, relating 19 to the implementation of summer reading programs and to the 20 retention of a student in grade three. 21 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 22 immediate importance, takes effect upon enactment. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill makes implementation of a Code provision which 27 requires school districts to retain in grade three a student 28 who is deficient in reading subject to an appropriation of 29 funds by the general assembly for purposes of funding the 30 intensive summer reading programs which school districts are 31 required to offer beginning in the summer of 2017. 32 Code section 279.68 lists a number of strategies that 33 school districts are required to provide for students who are 34 deficient in reading if funds are appropriated by the general 35 -2- LSB 5425YH (3) 86 kh/rj 2/ 3

H.F. 2137 assembly for purposes of implementing the provision. The list 1 of strategies includes summer reading programs. The bill makes 2 the summer reading programs strategy requirement subject to an 3 appropriation specifically made for that purpose. 4 The bill establishes that provisions of Code section 279.68 5 which require school districts to retain students in grade 6 three who are deficient in reading, and which require school 7 districts to provide a summer reading program as one of the 8 strategies to remediate reading deficiencies, and which require 9 school districts to offer intensive summer literacy programs 10 by the summer of 2017, are all subject to an appropriation 11 of sufficient funds by the general assembly for the specific 12 purpose of implementing the summer reading programs. For 13 consistency, the bill modifies the requirement to replace the 14 word “literacy” with the word “reading”. 15 Currently, a school district may receive a waiver from the 16 department of education from the requirement that the school 17 district offer an intensive summer reading program in the 18 summer of 2017. The bill strikes the waiver language from the 19 Code provision, but includes in session law a provision that 20 notwithstands Code section 279.68 to allow a school district 21 that is unable to meet the requirements of Code section 279.68 22 relating to the implementation of an intensive summer reading 23 program in the summer of 2017 to request a waiver from the 24 department to delay, until the summer of 2018, the requirements 25 of Code section 279.68 relating to the implementation of summer 26 reading programs and to the retention of a student in grade 27 three. 28 -3- LSB 5425YH (3) 86 kh/rj 3/ 3