House File 129 - Introduced



                                       HOUSE FILE       
                                       BY  ABDUL=SAMAD


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to requirements for the promotion of students
  2    from kindergarten through grade twelve based on grade=level
  3    proficiency in reading and mathematics.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1559YH 83
  6 kh/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  279.68  STUDENT PROMOTION OR
  1  2 RETENTION.
  1  3    1.  If a student enrolled in kindergarten through grade
  1  4 twelve is below grade level in reading or mathematics, based
  1  5 on the achievement levels established by the Iowa testing
  1  6 programs, the state indicators for proficiency for students in
  1  7 grades four, eight, and eleven established by the department
  1  8 of education in accordance with section 256.7, subsection 21,
  1  9 paragraph "b", or any other assessment used to measure student
  1 10 progress approved by the department of education, the board of
  1 11 directors of the school district shall notify the student's
  1 12 parent or legal guardian of the student's grade equivalency
  1 13 and shall provide intensive remediation services to the
  1 14 student.
  1 15    2.  If a student is not proficient in reading or
  1 16 mathematics by the end of the school calendar, based on the
  1 17 achievement levels established by the Iowa testing programs,
  1 18 the state indicators for proficiency for students in grades
  1 19 four, eight, and eleven established by the department of
  1 20 education in accordance with section 256.7, subsection 21,
  1 21 paragraph "b", or any other assessment used to measure student
  1 22 progress approved by the department of education, the board of
  1 23 directors of the school district shall require the student to
  1 24 attend summer school and shall notify the student's parent or
  1 25 legal guardian that the student must attend summer school or
  1 26 be denied promotion to the next grade level.
  1 27    3.  If a student has not achieved grade=level proficiency
  1 28 in reading or mathematics by the close of summer school, based
  1 29 on the achievement levels established by the Iowa testing
  1 30 programs, the state indicators for proficiency for students in
  1 31 grades four, eight, and eleven established by the department
  1 32 of education in accordance with section 256.7, subsection 21,
  1 33 paragraph "b", or any other assessment used to measure student
  1 34 progress approved by the department of education, the board of
  1 35 directors of the school district shall deny promotion to the
  2  1 next grade level to the student and shall notify the student's
  2  2 parent or legal guardian of the student's retention at the
  2  3 current grade level.
  2  4    4.  Notwithstanding subsections 2 and 3, if a diagnostic
  2  5 educational team determines that retention at the current
  2  6 grade level would not be in the best interest of the child, a
  2  7 student who has not achieved grade=level proficiency in
  2  8 reading or mathematics at the close of the school calendar
  2  9 need not, at the discretion of the school district, be
  2 10 required to attend summer school and may, at the discretion of
  2 11 the school district, be promoted to the next grade level.
  2 12    5.  The decision of the board of directors of a school
  2 13 district to deny promotion to a student in accordance with
  2 14 subsection 3 is subject to appeal under section 290.1.
  2 15    Sec. 2.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  2 16 with section 25B.2, subsection 3, the state cost of requiring
  2 17 compliance with any state mandate included in this Act shall
  2 18 be paid by a school district from state school foundation aid
  2 19 received by the school district under section 257.16.  This
  2 20 specification of the payment of the state cost shall be deemed
  2 21 to meet all of the state funding=related requirements of
  2 22 section 25B.2, subsection 3, and no additional state funding
  2 23 shall be necessary for the full implementation of this Act by
  2 24 and enforcement of this Act against all affected school
  2 25 districts.
  2 26                           EXPLANATION
  2 27    This bill establishes requirements for the promotion or
  2 28 retention of students from kindergarten through grade 12 based
  2 29 on grade=level proficiency in reading and mathematics.
  2 30    The bill provides that if a student is below grade level in
  2 31 reading or mathematics based on the achievement levels
  2 32 established by the Iowa testing programs, the state indicators
  2 33 for proficiency for students in grades four, eight, and 11
  2 34 established by the department of education, or any other
  2 35 assessment used to measure student progress approved by the
  3  1 department of education, the board of directors of the school
  3  2 district shall notify the student's parent or legal guardian
  3  3 of the student's grade equivalency and provide intensive
  3  4 remediation services to the student.
  3  5    If the student is not proficient by the end of the school
  3  6 calendar, the school board shall require the student to attend
  3  7 summer school and shall notify the student's parent or legal
  3  8 guardian that the student must attend summer school or be
  3  9 denied promotion to the next grade level.
  3 10    If a student has not achieved grade=level proficiency by
  3 11 the close of summer school, the school board shall deny the
  3 12 student promotion to the next grade level and shall notify the
  3 13 student's parent or legal guardian of the student's retention
  3 14 at the current grade level.
  3 15    A student who has not achieved grade=level proficiency in
  3 16 reading or mathematics at the close of the school calendar
  3 17 need not be required to attend summer school and may be
  3 18 promoted to the next grade level if a diagnostic educational
  3 19 team determines that summer school or retention would not be
  3 20 in the best interest of the child.
  3 21    The school board's decision to deny promotion may be
  3 22 appealed to the state board of education.
  3 23    The bill may include a state mandate as defined in Code
  3 24 section 25B.3.  The bill requires that the state cost of any
  3 25 state mandate included in the bill be paid by a school
  3 26 district from state school foundation aid received by the
  3 27 school district under Code section 257.16.  The specification
  3 28 is deemed to constitute state compliance with any state
  3 29 mandate funding=related requirements of Code section 25B.2.
  3 30 The inclusion of this specification is intended to reinstate
  3 31 the requirement of political subdivisions to comply with any
  3 32 state mandates included in the bill.
  3 33 LSB 1559YH 83
  3 34 kh/nh/8