167.645.  Reading assessments required, when — reading success plan required, when — intensive reading instruction required, when — notification of parents, when — retention in grade permitted, when — district duties — report. — 1.  Each school district and charter school shall assess all students enrolled in kindergarten through grade three at the beginning and end of each school year for their level of reading or reading readiness on state-approved reading assessments.  Additionally, all school districts and charter schools shall assess any newly enrolled student in grades one through five for their level of reading or reading readiness on a reading assessment from the state-approved list.  At the beginning of the school year, each school district and charter school shall provide a reading success plan to any student who:

  (1)  Exhibits a substantial deficiency in reading which creates a barrier to the child's progress learning to read.  The identification of such deficiency may be based upon the most recent assessments or teacher observation; or

  (2)  Has been identified as being at risk of dyslexia in the statewide dyslexia screening or has a formal diagnosis of dyslexia.

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For the purposes of this section, a substantial reading deficiency shall refer to a student who is one or more grade level or levels behind in reading or reading readiness; provided that nothing in this section shall be interpreted to prevent a school district or charter school from offering a reading success plan to any student based on an assessment completed at the start and end of the school year or teacher observation.  For any student entering the school district or charter school after the start of the school year, such student shall be provided a reading success plan in the event the student has been identified as having a substantial reading deficiency based on the student's most recent assessment or otherwise being identified through teacher observation.  The student's reading proficiency shall be reassessed by reading assessments on the state-approved list.  The student shall continue to be provided with intensive reading instruction under a reading success plan until the reading deficiency is remedied.

  2.  The district or charter school shall notify the parent or guardian of any student in kindergarten through grade three who exhibits a substantial deficiency in reading, as described in subsection 1 of this section, at least annually in writing, and in an appropriate, alternative manner for the parent or other guardian if necessary, of the following:

  (1)  That the child has been identified as having a substantial deficiency in reading;

  (2)  A description of the services currently provided to the child;

  (3)  A description of the proposed supplemental instructional services and supports that the school district will provide to the child that are designed to remediate the identified area of reading deficiency.  For students identified as being at risk of dyslexia or those that have a diagnosis of dyslexia the district shall provide an explanation that the instruction that will be used to teach the child reading shall be explicit, systematic, and diagnostic and based on phonological awareness, phonics, fluency, vocabulary, comprehension, morphology, syntax, and semantics;

  (4)  Strategies for parents and guardians to use in helping the child succeed in reading proficiency, including but not limited to the promotion of parent-guided home reading.

  3.  If the school district or charter school provides a summer reading program under this section, the district or charter school shall notify the parent or guardian of each student who exhibits a substantial deficiency in reading of the opportunity to attend the summer reading program.

  4.  If a student has a substantial reading deficiency at the end of third grade, the student's parent or guardian and appropriate school staff shall discuss whether the student should be retained in grade level, based on a consideration of all relevant factors, including the reading deficiency, the student's progress in other subject areas, and the student's overall intellectual, physical, emotional, and social development.  A decision to promote or retain a student with a substantial reading deficiency at the end of grade three shall be made only after direct personal consultation with the student's parent or guardian and after the formulation of a specific plan of action to remedy the student's reading deficiency.

  5.  Each school district or charter school shall do all of the following:

  (1)  Provide students who are identified as having a substantial deficiency in reading under subsection 1 of this section, have been identified as being at risk of dyslexia in the statewide dyslexia screening, or have a formal diagnosis of dyslexia with intensive instructional services and supports specified in a reading success plan, as appropriate according to student need, free of charge, to remediate the identified areas of reading deficiency, including additional scientific, evidence-based reading instruction and other strategies prescribed by the school district or charter school which may include but are not limited to the following:

  (a)  Small group or individual instruction;

  (b)  Reduced teacher-student ratios;

  (c)  More frequent progress monitoring;

  (d)  Tutoring or mentoring;

  (e)  Extended school day, week, or year; and

  (f)  Summer reading programs;

  (2)  For any student with a formal diagnosis of dyslexia or for a student who was found to be at risk of dyslexia in the statewide dyslexia screening, the school district or charter school shall provide evidence-based reading instruction that addresses phonology, sound-symbol association, syllable instruction, morphology, syntax, and semantics provided through systematic, cumulative, explicit, and diagnostic methods;

  (3)  At regular intervals, but no less than four times per year in a manner that reflects progress through each school term, notify the parent or guardian of academic and other progress being made by the student and give the parent or guardian other useful information;

  (4)  In addition to required reading enhancement and acceleration strategies, provide all parents of students, including parents of students who are identified as having a substantial deficiency in reading under subsection 1 of this section, with a plan that includes suggestions for regular parent-guided home reading.

  6.  Each school district and charter school shall ensure that intensive reading instruction through a reading development initiative shall be provided to each kindergarten through grade five student who is assessed as exhibiting a substantial deficiency in reading.  In addition to the requirements otherwise provided, such instruction shall also comply with all of the following criteria:

  (1)  Be provided to all kindergarten through grade five students who exhibit a substantial deficiency in reading under this section.  The assessments shall measure phonemic awareness, phonics, fluency, vocabulary, and comprehension;

  (2)  Be provided during regular school hours;

  (3)  Provide a reading curriculum that meets the requirements of section 170.014, and at a minimum has the following specifications:

  (a)  Assists students assessed as exhibiting a substantial deficiency in reading to develop the skills to read at grade level;

  (b)  Provides skill development in phonemic awareness, phonics, fluency, vocabulary, and comprehension;

  (c)  Includes a scientifically based and reliable assessment;

  (d)  Provides initial and ongoing analysis of each student's reading progress; and

  (e)  Provides a curriculum in core academic subjects to assist the student in maintaining or meeting proficiency levels for the appropriate grade in all academic subjects.

  7.  School districts and charter schools shall report to the department the specific intensive reading interventions and supports implemented by the school district or charter school pursuant to this section as well as the reading assessment data collected for grades kindergarten through five.  The department shall annually prescribe the components of required or requested reports.

  8.  (1)  Each school district and charter school shall address reading proficiency as part of its comprehensive school improvement plan, drawing upon information about children from assessments conducted pursuant to subsection 1 of this section and the prevalence of deficiencies identified by classroom, elementary school, and other student characteristics.  As part of its comprehensive school improvement plan or contract, each school district or charter school shall review chronic early elementary absenteeism for its impact on literacy development.  If more than fifteen percent of an attendance center's students are not at grade level in reading by the end of third grade, the comprehensive school improvement plan or contract shall include strategies to reduce that percentage, including school and community strategies to raise the percentage of students who are proficient in reading.

  (2)  Each school district and charter school shall provide professional development services to enhance the skills of elementary teachers in responding to children's unique reading issues and needs and to increase the use of evidence-based strategies.