October 24, 2007, Introduced by Senator KUIPERS and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1280b (MCL 380.1280b), as added by 2000 PA 230,
and by adding section 1283.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1280b. (1) Subject to subsection (2), the board of a
school district, or board of directors of a public school academy
that operates any of grades 1 to 5, shall administer each school
year to all pupils in grades 1 to 5 a nationally-recognized norm-
referenced test or another assessment, which may include a locally-
adopted assessment, if the other assessment is approved by the
superintendent of public instruction at the request of the school
district or public school academy. For assessing English literacy
skills at the end of grades 2 and 3 under section 1283, a board or
board of directors shall use an assessment required under section
1283.
(2) A school district or public school academy may use the
Michigan literacy progress profile to assess literacy in grades 1
to 3 as part of its compliance with subsection (1).
(3) If a school is designated for participation in the
national assessment of education progress program, the school shall
participate as designated.
(4) An elementary school that is not in compliance with
subsection (1) or a school that does not comply with subsection (3)
shall not be accredited under section 1280.
Sec. 1283. (1) A school district or public school academy
shall measure each pupil's literacy skills not later than the end
of both grades 2 and 3 using either the Michigan literacy progress
profile or an assessment developed by the department to measure
grade level content expectations in English language arts for grade
2 or 3, as applicable. If a pupil in grade 3 fails by the end of
that school year to meet standards for basic literacy skills, based
on the grade level content expectations in English language arts
for grade 3 established by the department, the school district or
public school academy in which the pupil is enrolled shall not
promote the pupil to grade 4 unless the pupil's literacy deficiency
is determined by the school district or public school academy to be
due to a disability other than a learning disability that is based
solely on reading difficulties.
(2) If a pupil in either grade 2 or 3 fails by the end of that
school year to meet standards for basic literacy skills, based on
the assessments described in subsection (1), the board of the
pupil's school district or board of directors of the pupil's public
school academy shall provide a written notice to the pupil's parent
or legal guardian. The notice shall include all of the following:
(a) Notification that the pupil's school has determined that
the child has failed to meet standards for basic literacy skills,
based on the grade level content expectations in English language
arts established by the department for the pupil's grade level, and
that if the pupil is not determined to have achieved at least third
grade literacy skills before the beginning of grade 4, the child
will not be promoted to grade 4 unless the pupil's literacy
deficiency is determined by the school district or public school
academy to be due to a disability other than a learning disability
that is based solely on reading difficulties.
(b) If the pupil is enrolled in a school that is required to
provide supplemental services under the federal no child left
behind act of 2001, Public Law 107-110, notification that the
pupil's parent or legal guardian has a right to receive
reimbursement for the pupil to receive services from a supplemental
service provider identified by the department under subsection (4)
and that the pupil's parent or legal guardian may choose to have
the pupil receive supplemental services from 1 of these providers
with reimbursement from the school district or public school
academy. This part of the notice shall include a listing of the
supplemental service providers that are identified by the
department under subsection (4) and that are located within a 30-
mile radius of the pupil's school.
(3) A school district or public school academy shall provide a
copy of the notice required under subsection (2) to the department,
and the department shall maintain a copy of this notice.
(4) The department shall do all of the following:
(a) Develop and make available a model summer English language
arts program that may be adopted by school districts and public
school academies for pupils who will be attending grades 1 to 4 in
the next school year and have demonstrated the need for additional
literacy skills training, as evidenced by assessment under this
section and section 1280b. The model English language arts program
shall be aligned with grade level content expectations in English
language arts established by the department and shall meet the
requirements for federal funding under the title I program
administered by the United States department of education office of
elementary and secondary education.
(b) Develop and make available a model notice for the purposes
of subsection (2).
(c) Develop and make available a statewide resource guide of
public and private supplemental service providers, as required
under the no child left behind act of 2001, Public Law 107-110, to
assist parents in improving their child's literacy skills.
(5) If a school district or public school academy has federal
funds available to it for providing supplemental services under the
no child left behind act of 2001, Public Law 107-110, then to the
extent possible the school district or public school academy shall
use these federal funds for the purpose of bringing pupils'
literacy skills to grade level before the beginning of grade 4
before using these federal funds for any other purpose. Upon
request by a school district or public school academy, the
department shall provide assistance in identifying sources for
these federal funds. If there are insufficient federal funds
available for these purposes, a school district or public school
academy shall use funds received under section 22b of the state
school aid act of 1979, MCL 388.1622b, for the remaining funding
needed.