Senate File 406
SENATE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SSB 1167)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for a special education alternative reading
2 instruction pilot project and including a contingent
3 effectiveness clause and an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1849SV 80
6 rn/cf/24
PAG LIN
1 1 Section 1. SPECIAL EDUCATION PILOT PROGRAM == READING
1 2 LABORATORY.
1 3 1. Recognizing the state's desire to assist children to
1 4 grow, develop, and learn to their fullest extent and empower
1 5 young readers in grades kindergarten through three, and to
1 6 support student achievement and overall academic performance,
1 7 and recognizing that instructional methodologies and
1 8 strategies are important considerations in determining the
1 9 appropriate education for a child with a learning disability,
1 10 a reading laboratory pilot program is established. The
1 11 objective of the program shall be to evaluate methodologies
1 12 and strategies used to teach reading that could be implemented
1 13 to ensure that the state is meeting the unique needs of
1 14 individual children; and to assist with student placement
1 15 decisions in education programs, including placement in the
1 16 special education program.
1 17 2. The program shall be administered by the department of
1 18 education, and shall afford a private education provider the
1 19 opportunity to demonstrate effective methodologies and
1 20 strategies in teaching reading for students in grades
1 21 kindergarten through three identified with special needs. A
1 22 private education provider shall be selected by the department
1 23 which meets the following criteria from among those submitting
1 24 an application for consideration:
1 25 a. The provider shall be doing business in at least two
1 26 locations in a county which contains a school district with an
1 27 enrollment of at least twenty=five thousand pupils in grades
1 28 kindergarten through twelve.
1 29 b. The provider shall possess at least fifteen years of
1 30 business experience in the application of methodologies and
1 31 strategies designed to improve reading skills for students in
1 32 grades kindergarten through twelve.
1 33 c. The provider shall employ at least forty trained staff,
1 34 including at least one staff member who is a licensed special
1 35 education consultant.
2 1 d. The provider shall be able to document success in
2 2 improving student achievement in reading skills in grades
2 3 kindergarten through three.
2 4 The department shall develop private provider application
2 5 forms, and shall publish notice and provide information on the
2 6 department's website regarding the existence of the pilot
2 7 program, application procedures, and program participation.
2 8 The private education provider which meets all of the
2 9 eligibility criteria set forth in this subsection shall be
2 10 selected by the department, and the selection process shall be
2 11 conducted without bidding.
2 12 3. Students in grades kindergarten through three, residing
2 13 in a county which contains a school district with an
2 14 enrollment of at least twenty=five thousand students in grades
2 15 kindergarten through twelve, and who have been identified by
2 16 the school district as qualifying for special education
2 17 services with mild or moderate learning disabilities involving
2 18 difficulty in reading, shall be eligible to participate in the
2 19 program. School districts shall be responsible for
2 20 determining a pool of students who meet the eligibility
2 21 requirements, in coordination with the local area education
2 22 agency; for notifying parents regarding the existence of the
2 23 program and providing an application form and any other
2 24 necessary information; and for submitting applications to the
2 25 department. The department shall select a maximum of fifty
2 26 students from those students submitting an application.
2 27 Selection of students shall be done randomly in the event that
2 28 more than fifty students submit applications, beginning with
2 29 students in the third grade, then second, then first, and
2 30 finally kindergarten, with students eligible for free and
2 31 reduced=price meals under the federal National School Lunch
2 32 Act and the federal Child Nutrition Act of 1966, 42 U.S.C. }
2 33 1751=1785, given priority. Additional eligibility
2 34 requirements may be established by the private education
2 35 provider, including intelligence quotient testing scores, in
3 1 order to provide reliable and beneficial program results.
3 2 Students submitting an application shall be provided with an
3 3 intelligence test selected by the department and administered
3 4 by the local area education agency. The results of the test
3 5 shall remain confidential and shall only be used by the area
3 6 education agency to determine eligibility and participation in
3 7 the pilot program.
3 8 4. Pilot program instruction shall be provided on the
3 9 premises of the private education provider. Student
3 10 instruction shall be provided over a nine=week period during
3 11 the months of June, July, and August 2003. The private
3 12 education provider shall ensure that each student receives
3 13 reading instruction appropriate for the child, for a minimum
3 14 of seven hours per week, with the instruction received
3 15 considered separate and distinct from the student's current
3 16 individual education plan. The school district shall provide
3 17 transportation for the student to the private education
3 18 provider's location, or shall provide parental reimbursement
3 19 for transportation in an amount determined by the school
3 20 district board of directors.
3 21 5. The private education provider shall gather performance
3 22 data to provide for program accountability, including but not
3 23 limited to pretesting and posttesting, to measure improvement
3 24 by each student during instruction, and upon the conclusion of
3 25 the program. The private education provider shall consult
3 26 with the local area education agency for assistance with
3 27 pretesting and posttesting, and the area education agency
3 28 shall approve the tests utilized. The private education
3 29 provider shall provide progress reports to the parents or
3 30 guardians of participating students, to the school district in
3 31 which the participating students are enrolled, and to the
3 32 department. The department, in conjunction with the
3 33 legislative fiscal bureau and the private provider, shall
3 34 review and analyze the data collected and submitted by the
3 35 private education provider. Full assurance relating to
4 1 confidentiality of identification of individual students'
4 2 scores shall be provided. The department shall submit a cost=
4 3 benefit analysis report to the members of the general assembly
4 4 by January 1, 2004, summarizing the results of the pilot
4 5 program. The report shall include an analysis of the student
4 6 improvement as measured through test scores, and a short=term
4 7 and long=term cost savings analysis for implementing the
4 8 private education provider's instruction methodology and
4 9 strategies. The analysis of the cost savings shall include
4 10 savings due to a reduction in the statewide average length of
4 11 participation in the special education program. The report
4 12 shall also include recommendations relating to statewide
4 13 implementation of the pilot program. The legislative fiscal
4 14 bureau shall conduct a survey of other reading studies
4 15 conducted in the state and shall include in the report results
4 16 relating to public school reading initiatives. The department
4 17 shall submit a follow=up report by January 1, 2005, tracking
4 18 continued improvement by students who participated in the
4 19 program, and including the number of students who are no
4 20 longer identified as requiring special education instruction.
4 21 6. The establishment of the pilot program pursuant to this
4 22 section shall be contingent upon the appropriation of an
4 23 amount sufficient to fund the costs of the program for the
4 24 fiscal year beginning July 1, 2003, and ending June 30, 2004.
4 25 Sec. 2. Section 256D.9, Code 2003, is amended to read as
4 26 follows:
4 27 256D.9 FUTURE REPEAL.
4 28 This chapter is repealed effective July 1, 2003 2004.
4 29 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
4 30 immediate importance, takes effect upon enactment.
4 31 EXPLANATION
4 32 This bill provides for the establishment of a special
4 33 education alternative instruction pilot program focusing on
4 34 improving reading skills in grades kindergarten through three.
4 35 The bill provides intent language supporting the
5 1 establishment of the program, citing the state's desire to
5 2 assist children to grow, develop, and learn to their fullest
5 3 extent, to empower young readers in grades kindergarten
5 4 through three, and to support student achievement and overall
5 5 academic performance. The bill provides that the objective of
5 6 the program shall be to evaluate methodologies and strategies
5 7 used to teach reading that could be implemented to ensure that
5 8 the state is meeting the unique needs of individual children,
5 9 and to assist with student placement decisions in education
5 10 programs, including placement in the special education
5 11 program.
5 12 The bill provides that the program shall be administered by
5 13 the department of education, and shall involve instruction by
5 14 a private education provider intended to demonstrate effective
5 15 methodologies and strategies in teaching reading for students
5 16 in grades kindergarten through three identified with special
5 17 needs. The bill provides that a private provider shall be
5 18 selected by the department which meets specified criteria,
5 19 including doing business in at least two locations located in
5 20 a county which contains a school district with an enrollment
5 21 of at least 25,000 pupils in grades kindergarten through 12,
5 22 possessing at least 15 years of business experience in the
5 23 application of methodologies and strategies designed to
5 24 improve reading skills, employment of at least 40 trained
5 25 staff, including at least one staff member who is a licensed
5 26 special education consultant, and documented success in
5 27 improving student achievement in reading skills in grades
5 28 kindergarten through three. The bill provides that the
5 29 department shall develop private provider application forms
5 30 and shall publish notice regarding the program, and that the
5 31 selection process shall be conducted without bidding.
5 32 The bill provides that eligible students shall be in grades
5 33 kindergarten through three, residing in a county containing a
5 34 school district with an enrollment of at least 25,000 students
5 35 in grades kindergarten through 12, and shall have been
6 1 identified as qualifying for special education services with
6 2 mild or moderate learning disabilities involving difficulty in
6 3 reading. The bill provides that school districts shall be
6 4 responsible for determining a pool of students who meet the
6 5 eligibility requirements, in coordination with the local area
6 6 education agency; for notifying parents regarding the
6 7 existence of the program and providing an application form and
6 8 any other necessary information; and for submitting
6 9 applications to the department. The bill provides that the
6 10 department shall select a maximum of 50 students from those
6 11 students submitting an application. The bill provides that in
6 12 the event that more than 50 students submit an application,
6 13 selection shall be done randomly, beginning with third grade
6 14 students, then second, then first, and finally kindergarten,
6 15 with students eligible for free and reduced=price meals under
6 16 the federal National School Lunch Act and the federal Child
6 17 Nutrition Act of 1966, 42 U.S.C. } 1751=1785, given priority.
6 18 The bill provides that additional eligibility requirements may
6 19 be established by the private provider, and that students
6 20 submitting an application shall be provided with an
6 21 intelligence test selected by the department and administered
6 22 by the local area education agency. The bill provides that
6 23 the results of the test shall remain confidential and shall
6 24 only be used by the area education agency to determine
6 25 eligibility and participation in the pilot program.
6 26 The bill provides that instruction shall be provided on the
6 27 premises of the private provider over a nine=week period
6 28 during the months of June, July, and August 2003, for a
6 29 minimum of seven hours per week, with the instruction received
6 30 considered separate and distinct from the student's current
6 31 individual education plan. The bill provides that the school
6 32 district shall provide transportation for the student to the
6 33 private provider's location, or parental reimbursement for
6 34 transportation expenses.
6 35 The bill provides that the private provider shall gather
7 1 performance data to provide for program accountability, with
7 2 the assistance of the local area education agency, and shall
7 3 provide progress reports to the parents or guardians of
7 4 participating students, to the school district in which the
7 5 participating students are enrolled, and to the department.
7 6 The bill provides that the department, in conjunction with the
7 7 legislative fiscal bureau and the private provider, shall
7 8 review and analyze the data, with full assurance relating to
7 9 confidentiality of identification of individual students'
7 10 scores, and that the department shall submit a cost=benefit
7 11 analysis report to the members of the general assembly by
7 12 January 1, 2004, summarizing the results of the pilot program.
7 13 The bill provides that the report shall include an analysis of
7 14 the student improvement as measured through test scores, a
7 15 short=term and long=term cost savings analysis for
7 16 implementing the provider's instruction methodology and
7 17 strategies, recommendations relating to statewide
7 18 implementation of the program, and results relating to public
7 19 school reading initiatives surveyed by the legislative fiscal
7 20 bureau. The bill provides for a follow=up progress report
7 21 regarding students who had participated in the program by
7 22 January 1, 2005.
7 23 The bill provides that establishment of the program shall
7 24 be contingent upon an appropriation to fund the costs of the
7 25 program for the fiscal year beginning July 1, 2003, and ending
7 26 June 30, 2004.
7 27 The bill additionally provides that Code chapter 256D,
7 28 relating to the Iowa early intervention block grant program,
7 29 which contains a repeal date of July 1, 2003, shall instead be
7 30 repealed on July 1, 2004.
7 31 The bill takes effect upon enactment.
7 32 LSB 1849SV 80
7 33 rn/cf/24.1