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