167.346.  List of recommended reading assessments — state board's duties — department's duties — rules. — 1.  The state board of education shall develop a list of recommended reading assessments for kindergarten through grade three pupils by July 1, 2000.  Such assessments shall have a demonstrated effectiveness based on research.  The list shall incorporate a variety of methods and may also include reading improvement programs.  The list shall serve as a guideline for districts choosing reading improvement assessment and instructional methods pursuant to the grant program established in section 167.343.  Districts are not required to use a reading assessment from the list developed pursuant to this section.  The department shall review the results of the grants and determine which reading instruction programs have been particularly effective and use this information to update its initial list.

  2.  The state board of education shall develop guidelines to apply reading assessment results to instructional programs and the training of teachers and administrators in assisting pupils identified as reading below grade level.

  3.  The department of elementary and secondary education shall adopt rules to implement the provisions of sections 167.340 to 167.346.

  4.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.