Senate File 412 - Introduced





                                       SENATE FILE       
                                       BY  McKINLEY


    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 contingency clause
  3    and an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1660XS 83
  6 ak/rj/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
  1 23 department, which meets the following criteria from among
  1 24 those submitting 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    3.  The department shall develop private provider
  2  5 application forms, and shall publish notice and provide
  2  6 information on the department's internet site regarding the
  2  7 existence of the pilot program, application procedures, and
  2  8 program participation.  The private education provider which
  2  9 meets all of the eligibility criteria set forth in this
  2 10 subsection shall be selected by the department, and the
  2 11 selection process shall be conducted without bidding.
  2 12    4.  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 in
  2 20 coordination with the local area education agency for
  2 21 determining the students who meet the eligibility
  2 22 requirements, for notifying parents and guardians regarding
  2 23 the existence of the program and providing an application form
  2 24 and any other necessary information, and for submitting
  2 25 applications to the department.  The department shall select a
  2 26 maximum of fifty students from those students submitting an
  2 27 application.  Selection of students shall be done randomly in
  2 28 the event that more than fifty students submit applications,
  2 29 beginning with students in the third grade, then second, then
  2 30 first, and finally kindergarten, with students eligible for
  2 31 free and reduced=price meals under the federal National School
  2 32 Lunch Act and the federal Child Nutrition Act of 1966, 42
  2 33 U.S.C. } 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    5.  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 2009.  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 reimbursement for
  3 19 transportation to parents or guardians in an amount determined
  3 20 by the school district board of directors.
  3 21    6.  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 services agency 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, 2010, 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 services
  4 14 agency 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, 2011, 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    7.  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, 2009, and ending June 30, 2010.
  4 25    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  4 26 immediate importance, takes effect upon enactment.
  4 27                           EXPLANATION
  4 28    This bill provides for the establishment of a special
  4 29 education alternative instruction pilot program focusing on
  4 30 improving reading skills in grades kindergarten through three.
  4 31    The bill provides intent language supporting the
  4 32 establishment of the program.  The bill states that the
  4 33 objective of the program shall be to evaluate methodologies
  4 34 and strategies used to teach reading that could be implemented
  4 35 to ensure that the state is meeting the unique needs of
  5  1 individual children, and to assist with student placement
  5  2 decisions in education programs, including placement in the
  5  3 special education program.
  5  4    The program shall be administered by the department of
  5  5 education, and shall involve instruction by a private
  5  6 education provider intended to demonstrate effective
  5  7 methodologies and strategies in teaching reading for students
  5  8 in grades kindergarten through three identified with special
  5  9 needs.  The bill provides that a private provider shall be
  5 10 selected by the department which meets specified criteria.
  5 11 The department shall develop private provider application
  5 12 forms and shall publish notice regarding the program, and the
  5 13 selection process shall be conducted without bidding.
  5 14    The bill provides that eligible students shall be in grades
  5 15 kindergarten through three, residing in a county containing a
  5 16 school district with an enrollment of at least 25,000 students
  5 17 in grades kindergarten through 12, and shall have been
  5 18 identified as qualifying for special education services with
  5 19 mild or moderate learning disabilities involving difficulty in
  5 20 reading.  The bill provides that school districts shall be
  5 21 responsible for determining the students who meet the
  5 22 eligibility requirements, in coordination with the local area
  5 23 education agency.  The bill provides that the department shall
  5 24 select a maximum of 50 students from those students submitting
  5 25 an application.  The bill provides that additional eligibility
  5 26 requirements may be established by the private provider, and
  5 27 that students submitting an application shall be provided with
  5 28 an intelligence test selected by the department and
  5 29 administered by the local area education agency.  The bill
  5 30 provides that the results of the test shall remain
  5 31 confidential and shall only be used by the area education
  5 32 agency to determine eligibility and participation in the pilot
  5 33 program.
  5 34    The bill provides that instruction shall be provided on the
  5 35 premises of the private provider over a nine=week period
  6  1 during the months of June, July, and August 2009, for a
  6  2 minimum of seven hours per week, with the instruction received
  6  3 considered separate and distinct from the student's current
  6  4 individual education plan.  The bill provides that the school
  6  5 district shall provide transportation for the student to the
  6  6 private provider's location, or reimbursement to parents or
  6  7 guardians for transportation expenses.
  6  8    The bill provides that the private provider shall gather
  6  9 performance data to provide for program accountability, with
  6 10 the assistance of the local area education agency, and shall
  6 11 provide progress reports to the parents or guardians of
  6 12 participating students, to the school district in which the
  6 13 participating students are enrolled, and to the department.
  6 14 The bill provides that the department, in conjunction with the
  6 15 legislative services agency and the private provider, shall
  6 16 review and analyze the data, with full assurance relating to
  6 17 confidentiality of identification of individual students'
  6 18 scores, and that the department shall submit a cost=benefit
  6 19 analysis report to the members of the general assembly by
  6 20 January 1, 2010, summarizing the results of the pilot program.
  6 21 The bill provides that the report shall include an analysis of
  6 22 the student improvement as measured through test scores, a
  6 23 short=term and long=term cost savings analysis for
  6 24 implementing the provider's instruction methodology and
  6 25 strategies, recommendations relating to statewide
  6 26 implementation of the program, and results relating to public
  6 27 school reading initiatives surveyed by the legislative
  6 28 services agency.  The bill provides for a follow=up progress
  6 29 report regarding students who had participated in the program
  6 30 by January 1, 2011.
  6 31    The bill provides that establishment of the program shall
  6 32 be contingent upon an appropriation to fund the costs of the
  6 33 program for the fiscal year beginning July 1, 2009, and ending
  6 34 June 30, 2010.
  6 35    The bill takes effect upon enactment.
  7  1 LSB 1660XS 83
  7  2 ak/rj/24.1