Text: SF02158                           Text: SF02160
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Senate File 2159

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  279.59  STUDENT PROMOTION OR
  1  2 RETENTION.
  1  3    1.  A student enrolled in grade three who does not perform
  1  4 satisfactorily on the school district's reading or mathematics
  1  5 curriculum, who is not an active participant in school
  1  6 district intervention efforts, and, if the school district
  1  7 administers a standardized basic educational skills test, who
  1  8 is more than one year below grade level in reading or
  1  9 mathematics on the test, shall not be promoted to grade four.
  1 10 However, retention of a student is not recommended or
  1 11 encouraged unless intervention efforts have been unsuccessful.
  1 12 The board of directors of each school district shall adopt a
  1 13 student promotion policy, in accordance with this section,
  1 14 that provides that the district will enter into a contract
  1 15 with the parents and guardians of the students enrolled in the
  1 16 district.  By the first day of school, the school district
  1 17 shall notify the parents and guardians of students in grade
  1 18 three of the district's student promotion policy.
  1 19    2.  If appropriate, the school district shall make every
  1 20 reasonable effort to provide interventions designed to improve
  1 21 the reading or mathematics skills of a student who is failing
  1 22 the school district's reading or mathematics curriculum or, if
  1 23 the school district administers a standardized basic
  1 24 educational skills test, who is more than one year below grade
  1 25 level in reading or mathematics on the test, and shall provide
  1 26 the student's parent or guardian with strategies to enable the
  1 27 parent or guardian to improve the student's skills.
  1 28 Notwithstanding section 256D.1, subsection 1, paragraph "b",
  1 29 subparagraph (1), if intervention is appropriate, the school
  1 30 district shall provide written notice to the parent or
  1 31 guardian of the actions the school district intends to take to
  1 32 improve the student's reading or mathematics skills.
  1 33    3.  At the end of the fifth, fifteenth, twentieth, twenty-
  1 34 fifth, and thirtieth weeks of the school year, a parent or
  1 35 guardian of a student in grade three shall be notified in
  2  1 writing if the student is receiving a failing grade in reading
  2  2 or mathematics.  If the school administers a standardized
  2  3 basic educational skills test, the parent or guardian shall be
  2  4 notified in writing within five days of the receipt of the
  2  5 results, if the results indicate a student is more than one
  2  6 year below grade level in reading or mathematics.  Notices
  2  7 sent to the parent or guardian of a student who is failing the
  2  8 reading or mathematics curriculum at the end of the twentieth,
  2  9 twenty-fifth, and thirtieth weeks of the school year shall
  2 10 include a copy of the school district's student promotion
  2 11 policy and shall be sent by certified mail.  Notices shall be
  2 12 written in clear, understandable language.  If the student is
  2 13 identified as limited English proficient, the notice shall be
  2 14 provided in English and in the student's home language.  In
  2 15 lieu of notice by mail, the school district may provide a
  2 16 written notice required pursuant to this section to a parent
  2 17 or guardian at a parent-teacher conference occurring in the
  2 18 same week in which a notice would have been required to be
  2 19 sent by mail pursuant to this section.
  2 20    4.  A student who is identified as limited English
  2 21 proficient shall complete the reading and mathematics
  2 22 curriculum in the student's home language or in English as
  2 23 determined by the student's English as a second language
  2 24 teacher, with consideration given to specific assessments
  2 25 given in the student's home language.
  2 26    5.  A student identified as a child requiring special
  2 27 education shall be expected to master the general curriculum
  2 28 to the maximum extent appropriate with the use of
  2 29 supplementary aides and services.  However, the individualized
  2 30 education program team assigned to the child requiring special
  2 31 education shall determine whether the student is expected to
  2 32 meet the school district's student promotion policy, which
  2 33 must be documented in the student's individualized education
  2 34 program.
  2 35    6.  If the parent or guardian of a student who does not
  3  1 perform satisfactorily on the school district's reading or
  3  2 mathematics curriculum, and, if the school district
  3  3 administers a standardized basic educational skills test, who
  3  4 is more than one year below grade level in reading or
  3  5 mathematics on the test, notifies the district of residence of
  3  6 an intention to enroll the student in a public school in
  3  7 another school district under section 282.18, the school
  3  8 district in which the student is enrolled shall submit copies
  3  9 to the receiving district of any notices provided to the
  3 10 parent or guardian under subsections 2 and 3.  The receiving
  3 11 district shall work with the sending district to ensure
  3 12 continuity in intervention efforts for the student.  However,
  3 13 notwithstanding subsection 1, using standards adopted by the
  3 14 receiving district's school board and based upon whether the
  3 15 student is likely to perform at grade level if the receiving
  3 16 district provides the student with interventions designed to
  3 17 improve the student's reading or mathematics skills, the
  3 18 receiving district shall determine whether the student will be
  3 19 promoted to the grade four level or retained at the grade
  3 20 three level.
  3 21    7.  A school district shall notify a parent or guardian in
  3 22 writing of the ability of the parent or guardian to appeal a
  3 23 school's decision to deny promotion of a student to the school
  3 24 board.  The school board shall decide in favor of a student's
  3 25 promotion only if the school board concludes, using standards
  3 26 adopted by the school board, that if promoted and provided
  3 27 with interventions designed to improve the student's reading
  3 28 or mathematics skills, the student is likely to perform at
  3 29 grade level.  A decision of the school board to deny promotion
  3 30 is subject to appeal under section 290.1.
  3 31    8.  The director of the department of education shall
  3 32 conduct a review of school district student promotion
  3 33 policies, the number of grade three level students retained or
  3 34 promoted, and the success of the interventions implemented by
  3 35 school districts to improve the students' reading or
  4  1 mathematics skills.  The director shall submit a report of the
  4  2 findings and recommendations resulting from the review to the
  4  3 senate and house standing committees on education and the
  4  4 joint appropriations subcommittee on education by December 1,
  4  5 2002, and biennially thereafter.
  4  6    9.  Notwithstanding section 256D.2, a school district may
  4  7 expend funds received pursuant to section 256D.4 to meet the
  4  8 requirements of this section.
  4  9    Sec. 2.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  4 10 with section 25B.2, subsection 3, the state cost of requiring
  4 11 compliance with any state mandate included in this Act shall
  4 12 be paid by a school district from state school foundation aid
  4 13 received by the school district under section 257.16 and from
  4 14 early intervention block grant program moneys appropriated in
  4 15 section 256D.4.  This specification of the payment of the
  4 16 state cost shall be deemed to meet all the state funding-
  4 17 related requirements of section 25B.2, subsection 3, and no
  4 18 additional state funding shall be necessary for the full
  4 19 implementation of this Act by and enforcement of this Act
  4 20 against all affected school districts.  
  4 21                           EXPLANATION
  4 22    This bill requires that a school district retain a student
  4 23 in grade three, who would otherwise be promoted to grade four,
  4 24 if the student does not perform satisfactorily on the school
  4 25 district's reading or mathematics curriculum, who is not an
  4 26 active participant in school district intervention efforts,
  4 27 and, if the school district administers a standardized basic
  4 28 educational skills test, who is more than one year below grade
  4 29 level in reading or mathematics on the test.  The bill permits
  4 30 school districts to use early intervention block grant program
  4 31 moneys at grade levels three and four to meet the requirements
  4 32 of the bill.
  4 33    The bill also requires the board of directors of each
  4 34 school district to adopt a student promotion policy providing
  4 35 for contracts between the district and parents and guardians
  5  1 and to notify the parents and guardians of students in grade
  5  2 three of the district's student promotion policy.
  5  3    The school district shall make every reasonable effort to
  5  4 provide interventions designed to improve the reading or
  5  5 mathematics skills of the student and shall provide the
  5  6 student's parent or guardian with strategies to enable the
  5  7 parent or guardian to improve the student's skills.  If
  5  8 intervention is appropriate, the school district shall
  5  9 periodically provide written notice to the parent or guardian
  5 10 of the actions the school district intends to take to improve
  5 11 the student's reading or mathematics skills.
  5 12    Under the bill, a student identified as limited English
  5 13 proficient must complete the reading and mathematics
  5 14 curriculum in the student's home language or in English as
  5 15 determined by the student's English as a second language
  5 16 teacher, with consideration given to specific assessments
  5 17 given in the student's home language.
  5 18    The individualized education program team assigned to a
  5 19 child requiring special education shall determine whether that
  5 20 student is expected to meet the school district's student
  5 21 promotion policy.
  5 22    If a parent or guardian notifies a school district that
  5 23 they intend to open enroll their child in another district,
  5 24 and the child is not performing satisfactorily in reading or
  5 25 mathematics, the sending district must submit to the receiving
  5 26 district a copy of any notices provided to the parent or
  5 27 guardian.  The receiving district shall work with the sending
  5 28 district to ensure continuity in intervention efforts for the
  5 29 student.  However, the receiving district shall determine
  5 30 whether the student will be promoted to the grade four level
  5 31 or retained at the grade three level.
  5 32    The school district must notify a parent or guardian in
  5 33 writing of the ability of the parent or guardian to appeal a
  5 34 school's decision to deny promotion of a student to the school
  5 35 board.  The school board can decide in favor of a student's
  6  1 promotion only if the school board concludes, using standards
  6  2 adopted by the school board, that if promoted and provided
  6  3 with interventions, the student is likely to perform at grade
  6  4 level.  A decision of the school board to deny promotion may
  6  5 be appealed to the state board of education.
  6  6    The bill requires the director of the department of
  6  7 education to conduct a review of school district student
  6  8 promotion policies, the number of grade three level students
  6  9 retained or promoted, and the success of the interventions
  6 10 implemented by school districts to improve the students'
  6 11 reading or mathematics skills.  The director must submit a
  6 12 report of the findings and recommendations resulting from the
  6 13 review to the senate and house standing committees on
  6 14 education and the joint appropriations subcommittee on
  6 15 education by December 1, 2002, and biennially thereafter.
  6 16    This bill may include a state mandate as defined in Code
  6 17 section 25B.3.  The bill requires that the state cost of any
  6 18 state mandate included in the bill be paid by a school
  6 19 district from state school foundation aid received by the
  6 20 school district under Code section 257.16 and from early
  6 21 intervention block grant program moneys appropriated in Code
  6 22 section 256D.4.  The specification is deemed to constitute
  6 23 state compliance with any state mandate funding-related
  6 24 requirements of Code section 25B.2.  The inclusion of this
  6 25 specification is intended to reinstate the requirement of
  6 26 political subdivisions to comply with any state mandates
  6 27 included in the bill.  
  6 28 LSB 5097XS 78
  6 29 kh/cf/24.2
     

Text: SF02158                           Text: SF02160
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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