H.F. 367 Section 1. Section 256.7, subsection 31, paragraph a, Code 1 2017, is amended to read as follows: 2 a. Adopt by rule guidelines for school district 3 implementation of section 279.68 , including but not limited 4 to basic levels of reading proficiency on approved locally 5 determined or statewide assessments and identification 6 of tools that school districts may use in evaluating and 7 reevaluating any student who may not be or who is determined 8 not to be reading proficiently and is persistently at risk in 9 reading, including but not limited to initial assessments and 10 subsequent assessments, alternative assessments, and portfolio 11 reviews. The state board shall adopt standards that provide 12 a reasonable expectation that a student’s progress toward 13 reading proficiency under section 279.68 is sufficient to 14 master appropriate grade four level reading skills prior to the 15 student’s promotion to grade four . 16 Sec. 2. Section 279.68, subsection 1, paragraph c, Code 17 2017, is amended to read as follows: 18 c. Beginning May 1, 2018, unless the school district is 19 granted a waiver pursuant to subsection 2 , paragraph “e” , if 20 the student is persistently at risk in reading by at the end 21 of grade three, the school district shall notify the student’s 22 parent or guardian in writing that the parent or guardian may 23 enroll the student in an intensive summer reading program 24 offered in accordance with subsection 2 , paragraph “e” . If the 25 parent or guardian does not enroll the student in the intensive 26 summer reading program and the student is ineligible for the 27 good cause exemption under subsection 5 , the student shall be 28 retained in grade three pursuant to subsection 3 . If , even if 29 the student is exempt from participating in an intensive summer 30 reading program for good cause , shown pursuant to subsection 31 5 , or completes the intensive summer reading program but is 32 not reading proficiently upon completion of the program, the 33 student may be promoted to grade four, but the . The school 34 district shall continue to provide the student with intensive 35 -1- LSB 2604YH (3) 87 kh/rj/jh 1/ 4

H.F. 367 reading instruction until the student is reading proficiently 1 as demonstrated by scoring on locally determined or statewide 2 assessments administered under paragraph “a” . 3 Sec. 3. Section 279.68, subsection 1, Code 2017, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . d. If funds are appropriated by the 6 general assembly specifically for purposes of implementing 7 this paragraph and subsection 2, paragraph “e” , unless the 8 school district is granted a waiver pursuant to subsection 9 2, paragraph “e” , beginning May 1, 2019, the school district 10 shall notify, in writing, the parent or guardian of a 11 student enrolled in kindergarten through grade two who is 12 persistently at risk in reading by the end of the school year, 13 as demonstrated by scoring on a locally determined or statewide 14 assessment as provided in section 256.7, subsection 31, that 15 the parent or guardian may enroll the student in an intensive 16 summer reading program offered in accordance with subsection 17 2, paragraph “e” . 18 Sec. 4. Section 279.68, subsection 2, paragraph e, Code 19 2017, is amended to read as follows: 20 e. Offer each summer, beginning in the summer of 2018 for 21 students in grade three and, subject to an appropriation of 22 sufficient funds by the general assembly for such purpose, 23 beginning in the summer of 2019 for students in kindergarten 24 through grade two , unless the school district receives a waiver 25 from this requirement as authorized under this paragraph 26 from the department of education for the summer of 2018 , 27 an intensive summer reading program for students who are 28 persistently at risk in reading. The department may waive 29 the requirement for an intensive summer reading program for 30 grade three students for the summer of 2018 and may waive 31 the requirement for an intensive summer reading program for 32 students in kindergarten through grade two for the summer of 33 2019. The program shall meet the criteria and follow the 34 guidelines established pursuant to section 256.9, subsection 35 -2- LSB 2604YH (3) 87 kh/rj/jh 2/ 4

H.F. 367 49 , paragraph “c” , subparagraph (1), subparagraph division (g). 1 Sec. 5. Section 279.68, subsection 3, Code 2017, is amended 2 by striking the subsection. 3 Sec. 6. Section 279.68, subsection 5, paragraph a, 4 unnumbered paragraph 1, Code 2017, is amended to read as 5 follows: 6 The school district shall exempt students from the retention 7 and intensive summer reading program requirements provisions 8 of subsection 1 , paragraph “c” , for good cause. Good cause 9 exemptions shall be limited to the following: 10 Sec. 7. Section 279.68, subsection 5, paragraph a, 11 subparagraph (5), Code 2017, is amended by striking the 12 subparagraph. 13 Sec. 8. Section 279.68, subsection 5, paragraph b, Code 14 2017, is amended by striking the paragraph. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill modifies provisions that require school districts 19 to retain in the third grade certain students, and adds a 20 provision to require school districts to offer, under certain 21 conditions, an intensive summer reading program for students in 22 kindergarten through grade three whose reading is deficient. 23 The bill eliminates a requirement that a school district 24 retain a student in grade three if the student is not reading 25 proficiently and is persistently at risk in reading, the 26 student’s parent or guardian did not enroll the student in 27 an intensive summer reading program, and the student does 28 not qualify for a good cause exemption. A current provision 29 that requires the state board of education to adopt standards 30 regarding a student’s progress toward reading proficiency 31 is modified to eliminate language relating to a student’s 32 promotion to grade four. 33 Under the bill, when the school district notifies a parent or 34 guardian that the parent or guardian may enroll the student in 35 -3- LSB 2604YH (3) 87 kh/rj/jh 3/ 4

H.F. 367 an intensive summer reading program, the notification must be 1 in writing. Students continue to be exempt from participating 2 in an intensive summer reading program for good cause, the 3 qualifications for which are listed in Code section 279.68(5). 4 The bill requires school districts to provide intensive 5 summer reading programs, beginning in the summer of 2019, 6 for students who are enrolled in kindergarten through grade 7 two, but only if the general assembly appropriates funds for 8 the programs. The department of education may waive the 9 requirement for an intensive summer reading program for grade 10 three students for 2018 and for kindergarten through grade two 11 students for 2019. For any year in which the general assembly 12 appropriates funds for such programs, if a school district does 13 not obtain a waiver and if a student enrolled in kindergarten 14 through grade two is persistently at risk in reading at the 15 end of the school year, the school district must notify the 16 student’s parent or guardian in writing that the parent or 17 guardian may enroll the student in an intensive summer reading 18 program. 19 -4- LSB 2604YH (3) 87 kh/rj/jh 4/ 4