Current through Register Vol. 50, No. 9, September 20, 2024
A. Beginning with the end of the 2022-2023
school year and at the end of each school year thereafter, each local education
agency shall identify, based on a preponderance of evidence of student learning
relative to literacy, a plan for third grade students who have scored below
"basic" achievement level in English language arts and are identified as
reading below grade level, that would enable them to successfully transition to
the next grade level. Third grade students who have not met such an acceptable
level of performance may be retained or promoted; but in either case shall be
provided with an individual student literacy plan that adheres to the following
requirements:
1. The school shall convene an
in-person meeting with the student's parents or legal custodian, all teachers
of core academic subjects, and specialized support personnel, as needed, to
review the student's academic strengths and weaknesses relative to literacy,
discuss any other relevant challenges, and formulate an individual student
literacy plan designed to assist the student in achieving proficiency in
literacy. All participants shall sign the documented plan, using a template
provided by the department, and shall meet to review progress at least once
more before the next administration of the LEAP assessment.
2. The student shall be provided with focused
literacy interventions and supports based on the science of reading designed to
improve foundational literacy.
3.
The student requiring an individual student literacy plan shall be identified
as such in the state student information system (SIS).
4. The student shall be afforded the
opportunity to receive on-grade level instruction and focused literacy
interventions based on the science of reading during the summer.
5. Each LEA shall adopt a written policy
pertaining to the development of the individual student literacy plan. This
policy shall be included in the pupil progression plan of the LEA and could
include the following specific student supports; daily targeted small-group
interventions, before and after school literacy intervention provided by a
teacher or tutor with specialized literacy training, and at-home literacy
programs that include literacy workshops for the parents and legal guardians of
students and web-based or parent-guided home literacy activities.
6. The department may audit a random sampling
of students in each local education agency identified pursuant to Subsection A
of this section each year.
B. Beginning with the end of the 2017-2018
school year and at the end of each school year thereafter, each local education
agency shall identify a plan, based on a preponderance of evidence of student
learning, fourth grade students who have scored below "basic" achievement level
in at least two core academic subjects, including English language arts,
mathematics, science, and social studies, that would enable them to
successfully transition to the next grade level. Fourth grade students who have
not met such an acceptable level of performance may be retained or promoted,
but in either case, shall be provided with an individual academic improvement
plan that adheres to the following requirements.
1. The school shall convene an in-person
meeting with the student's parent or legal custodian, all teachers of core
academic subjects, and specialized support personnel, as needed, to review the
student's academic strengths and weaknesses, discuss any other relevant
challenges, and formulate an individual academic improvement plan designed to
assist the student in achieving proficiency in all core academic subjects. All
participants shall sign the documented plan, using a template provided by the
department, and shall meet to review progress at least once more before the
next administration of the LEAP assessment.
2. The student shall be provided with
focused, on-grade level instructional support that is appropriate to the
content area(s) in which the student has not yet achieved proficiency.
Instruction shall be aligned with state academic content standards.
3. The student requiring an academic
improvement plan shall be identified as such in the state student information
system (SIS).
4. The student shall
be afforded the opportunity to receive on-grade level instruction during the
summer.
5. Each LEA shall adopt a
written policy pertaining to the development of individual academic improvement
plans. This policy shall be included in the pupil progression plan of the
LEA.
6. The department shall audit
a random sampling of students in each local education agency identified
pursuant to Subsection A of this Section each year.
C. The department shall provide to each LEA a
roster of third and fourth grade students who are eligible for consideration
under Subsection A and B of this chapter. Such roster shall assist the LEA in
making final determinations relative to students'individual academic plans
and/or individual literacy plans required pursuant to this Section.
1. The decision to retain a student as a
result of his/her failure to achieve the standard on the LEAP shall be made by
the LEA in accordance with the local pupil progression plan. The department
shall provide guidance to LEAs on retention considerations.
2. The individual literacy plan and/or
academic improvement plan required in this Section shall continue to be in
effect until such time as the student achieves a score of "basic" in each of
the core academic subjects that initially led to the development of the
student's individual academic plan and/or literacy plan.
D. Beginning with the 2024-2025 school year,
a third grade student with a reading deficiency as demonstrated by the student
scoring at the lowest achievement level in reading on an end-of-year literacy
screener in accordance with LAC 28:CXV2307.Bulletin 741 shall
be provided with two additional opportunities to score a higher achievement
level on the literacy screener prior to the beginning of the subsequent
academic year A student who does not score above the lowest achievement level
on the literacy screener after three attempts shall be screened for dyslexia
and shall not be promoted to the fourth grade unless promoted for good cause as
outlined in Subsection E. of this Section.
E. Promotion to Fourth Grade for Good Cause.
1. A student who does not meet the literacy
criteria for promotion may be promoted to fourth grade if the student meets at
least one of the following conditions:
a. A
limited English proficient student has been enrolled in an English language
assistance program for fewer than two years.
b. An IEP indicates that the screener is not
appropriate for the student with a disability.
c. A student with an IEP or 504 Plan has
received intensive reading intervention for two years and still scores at the
lowest achievement level on the literacy screener
d. A student with an IEP or 504 Plan was
previously retained in kindergarten, first, or second grade and still scores at
the lowest achievement level on the literacy screener
e. A student has received intensive
evidence-based structured literacy intervention for two or more years, still
scores at the lowest achievement level, does not meet exceptional criteria, and
was previously retained for a total of two years in kindergarten, first,
second, or third grade. For the purposes of this Section, intensive reading
intervention includes targeted intervention in a small group with progress
monitoring documented through an individual reading improvement plan.
f. A student has been diagnosed with
dyslexia.
g. The student
demonstrates an acceptable level of proficiency on a BESE-approved alternative
standardized assessment. Alternative assessments will be presented for BESE
approval upon recommendation of LDOE. A student scoring Mastery on the English
language arts section of the LEAP 2025 assessment may be considered for
promotion.
2. Promotion
to fourth grade may be considered for a student who meets a good cause as
indicated in this Section. Such promotion shall be considered as follows:
a. The teacher shall confer with the parent
or guardian of the student to determine whether promotion based on an exemption
should be pursued.
b. The teacher
shall submit documentation to the school principal that promotion is
appropriate for the student. The documentation shall clearly demonstrate that
the student meets at least one of the criteria for good cause and shall reflect
the decision of the parent or guardian to allow the request for
promotion.
c. The principal shall
review the request and documentation provided by the teacher and determine
whether to make a written recommendation for promotion. Such recommendation
shall be made in writing to the local superintendent.
d. The local superintendent shall review the
request and documentation provided by the school principal and, in writing,
accept or reject the recommendation. Written notification shall be provided to
the parent or guardian and the school principal.
e. The parent or guardian shall have the
option to have the child retained in third grade even if the determination of
the principal and superintendent is to have the student promoted to fourth
grade.
3. Students
promoted for good cause shall be provided an individual reading improvement
plan using the LDOE form provided.
a. Each
plan shall include specialized diagnostic information and intensive
evidence-based structured literacy instruction and intervention
b. The school shall confer with the parent or
guardian to communicate the support provided according to the plan, the
protocol for progress monitoring, and suggestions for strategies families can
use at home.
c. Each LEA shall
assist schools and teachers in implementing evidence-based reading strategies
shown to be successful in improving reading among students with persistent
reading difficulties.
4.
Beginning with the 2025-2026 school year, no later than the October MFP
collection, each LEA shall identify each third grade student retained in the
prior year pursuant to Subsection D of this Section and each fourth grade
student promoted due to good cause exemption outlined in Subsection E of this
Section, indicating the exemption applied. The LDOE will annually publish a
report containing the compiled data.
F. Third Grade Retention. A student who is
retained in third grade due to a reading deficiency shall be provided intensive
evidence-based structured literacy instructional services, progress monitoring,
and support as outlined in the individual reading improvement plan to include a
daily minimum of ninety minutes of evidence-based, scientifically researched
reading instruction during regular school hours and 30 minutes of daily
evidence-based reading intervention in the identified area of reading
deficiency.
1. Intervention and instruction
shall be based upon the foundations of literacy and shall include phonological
awareness, phonics, decoding, fluency, and comprehension.
2. Intervention and instruction may also
include small group instruction, lower teacher-student ratios, tutoring,
transition classes, or extended school calendar for day, week, or summer
programs.
3. The student shall be
assigned a teacher who has successfully completed training in literacy
instruction and who is highly effective as determined by student performance
data, particularly related to student growth in reading, and performance
appraisals.
4. The parent or
guardian shall be provided with written notification of the individual reading
improvement plan, the protocol for progress monitoring, and instructions for
parent guided at-home reading.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 17.7;
R.S.
17:24.4;
R.S.
17:24.9;
R.S.
17:24.10 and
R.S.
17:24.11.