H.F. 2139 Section 1. Section 256.7, subsection 31, paragraph a, Code 1 2016, is amended to read as follows: 2 a. By July 1, 2013, adopt Adopt by rule guidelines for 3 school district implementation of section 279.68 , including but 4 not limited to basic levels of reading proficiency on approved 5 locally determined or statewide assessments and identification 6 of tools that school districts may use in evaluating and 7 reevaluating any student who may be or who is determined 8 to be deficient in reading, including but not limited to 9 initial assessments and subsequent assessments, alternative 10 assessments, and portfolio reviews. The state board shall 11 adopt standards that provide a reasonable expectation that a 12 student’s progress toward reading proficiency under section 13 279.68 is sufficient to master appropriate grade four level 14 reading skills prior to the student’s promotion to grade four . 15 Sec. 2. Section 279.68, subsection 1, paragraph c, Code 16 2016, is amended to read as follows: 17 c. Beginning May 1, 2017, unless the school district is 18 granted a waiver pursuant to subsection 2 , paragraph “e” , 19 if the student’s reading deficiency is not remedied by the 20 end of grade three, as demonstrated by scoring on a locally 21 determined or statewide assessment as provided in section 22 256.7, subsection 31 , the school district shall notify the 23 student’s parent or guardian in writing that the parent or 24 guardian may enroll the student in an intensive summer reading 25 program offered in accordance with subsection 2 , paragraph “e” . 26 If the parent or guardian does not enroll the student in the 27 intensive summer reading program and the student is ineligible 28 for the good cause exemption under subsection 5 , the student 29 shall be retained in grade three pursuant to subsection 3 . If , 30 even though the student is exempt from participating in an 31 intensive summer reading program for good cause , shown pursuant 32 to subsection 5 , or completes the intensive summer reading 33 program but is not reading proficient upon completion of the 34 program, the student may be promoted to grade four, but the . 35 -1- LSB 5480YH (4) 86 kh/rj 1/ 4

H.F. 2139 The school district shall continue to provide the student with 1 intensive reading instruction until the student is proficient 2 in reading as demonstrated by scoring on locally determined or 3 statewide assessments. 4 Sec. 3. Section 279.68, subsection 1, Code 2016, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. If funds are appropriated by the 7 general assembly specifically for purposes of implementing 8 this paragraph and subsection 2, paragraph “e” , unless the 9 school district is granted a waiver pursuant to subsection 10 2, paragraph “e” , beginning May 1, 2018, the school district 11 shall notify, in writing, the parent or guardian of a student 12 enrolled in kindergarten through grade two whose reading 13 deficiency is not remedied by the end of the school year, as 14 demonstrated by scoring on a locally determined or statewide 15 assessment as provided in section 256.7, subsection 31, that 16 the parent or guardian may enroll the student in an intensive 17 summer reading program offered in accordance with subsection 18 2, paragraph “e” . 19 Sec. 4. Section 279.68, subsection 2, paragraph e, Code 20 2016, is amended to read as follows: 21 e. Offer each summer, beginning in the summer of 2017 for 22 students in grade three and, subject to an appropriation of 23 sufficient funds by the general assembly for such purpose, 24 beginning in the summer of 2018 for students in kindergarten 25 through grade two , unless the school district receives a waiver 26 from this requirement either of these requirements from the 27 department of education for the summer of 2017 , an intensive 28 summer literacy reading program for students assessed as 29 exhibiting a substantial deficiency in reading. The department 30 may waive the requirement for an intensive summer reading 31 program for grade three students for the summer of 2017 and may 32 waive the requirement for an intensive summer reading program 33 for students in kindergarten through grade two for the summer 34 of 2018. The program shall meet the criteria and follow the 35 -2- LSB 5480YH (4) 86 kh/rj 2/ 4

H.F. 2139 guidelines established pursuant to section 256.9, subsection 1 53 , paragraph “c” , subparagraph (1), subparagraph division (g). 2 Sec. 5. Section 279.68, subsection 3, Code 2016, is amended 3 by striking the subsection. 4 Sec. 6. Section 279.68, subsection 5, paragraph a, 5 unnumbered paragraph 1, Code 2016, is amended to read as 6 follows: 7 The school district shall exempt students from the retention 8 and intensive summer reading program requirements provisions 9 of subsection 1 , paragraph “c” , for good cause. Good cause 10 exemptions shall be limited to the following: 11 Sec. 7. Section 279.68, subsection 5, paragraph a, 12 subparagraph (5), Code 2016, is amended by striking the 13 subparagraph. 14 Sec. 8. Section 279.68, subsection 5, paragraph b, Code 15 2016, is amended by striking the paragraph. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill modifies provisions that require school districts 20 to retain in the third grade certain students, and adds a 21 provision to require school districts to offer, under certain 22 conditions, an intensive summer reading program for students in 23 kindergarten through grade three whose reading is deficient. 24 The bill eliminates a requirement that school districts 25 retain a student in grade three if the student has been 26 identified as having a substantial deficiency in reading, 27 the student’s parent or guardian did not enroll the student 28 in an intensive summer reading program, and the student does 29 not qualify for a good cause exemption. A current provision 30 that requires the state board of education to adopt standards 31 regarding a student’s progress toward reading proficiency 32 is modified to eliminate language relating to a student’s 33 promotion to grade four. For consistency, the bill also 34 changes a reference from “intensive summer literacy program” to 35 -3- LSB 5480YH (4) 86 kh/rj 3/ 4

H.F. 2139 “intensive summer reading program”. 1 Under the bill, when the school district notifies a parent or 2 guardian that the parent or guardian may enroll the student in 3 an intensive summer reading program, the notification must be 4 in writing. Students continue to be exempt from participating 5 in an intensive summer reading program for good cause, the 6 qualifications for which are listed in Code section 279.68(5). 7 The bill requires school districts to provide intensive 8 summer reading programs, beginning in the summer of 2018, 9 for students who are enrolled in kindergarten through grade 10 two, but only if the general assembly appropriates funds for 11 the programs. The department of education may waive the 12 requirement for a school district. For any year in which the 13 general assembly appropriates funds for such programs, if a 14 school district does not obtain a waiver and if the reading 15 deficiency of a student enrolled in kindergarten through grade 16 two is not remedied by the end of the school year, the school 17 district must notify the student’s parent or guardian in 18 writing that the parent or guardian may enroll the student in 19 an intensive summer reading program. 20 -4- LSB 5480YH (4) 86 kh/rj 4/ 4