SB-1284, As Passed Senate, July 21, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1284

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1280d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1280d. (1) If a school district or public school academy

operates a school that is identified under section 1280c as being

among the lowest achieving 5% of all public schools in this state,

if a comprehensive needs assessment conducted under section 1280c

identifies a lack of an effective early intervention program as 1

of the primary reasons for low pupil achievement, and if the school

is operating under the transformational model, turnaround model, or

restart model under section 1280c, then the school district or

public school academy is strongly encouraged to develop and

implement a program for the purposes of providing enhanced

instructional services, periodic screenings, and early intervention

and supports as described in this section; improving the literacy

and numeracy skills of students in grades K to 3 so that they are

reading at grade level as soon as possible; and preventing

inappropriate or unnecessary referrals to special education

services. The school district or public school academy shall

implement this program not later than the beginning of the 2010-

2011 school year.

(2) A program provided under this section shall meet all of

the following:

(a) Shall provide in each elementary school a comprehensive

literacy and numeracy curriculum that is designed to meet grade

level benchmarks, as measured by a scientifically research-based

universal screening tool that is proven reliable and valid.

(b) Shall be designed to include active and continuous

involvement of the parents or guardians of the pupils participating

in the program.

elementary school with literacy and numeracy instruction every

school day in which it is practicable to do so using a core

comprehensive literacy or numeracy program that is scientifically

research-based. The literacy instruction must include learner-

appropriate tools such as phonemic awareness, phonics, fluency,

vocabulary, and comprehension, and oral language and writing.

(d) Shall regularly measure pupils' specific and essential

literacy and numeracy skills in all of grades K to 3 in the

elementary school. Screenings shall be conducted schoolwide on an

ongoing basis each school year in each of grades K to 3, using a

scientifically research-based universal screening tool that is

proven reliable and valid and that provides teachers with student-

specific data to plan instruction.

(e) If a pupil is determined by the screening under

subdivision (d) to need intervention, then the program shall

provide the pupil with literacy or numeracy instruction each school

day in addition to the instruction required under subdivision (c).

If a pupil is determined to need additional instruction, the

pupil's progress shall be monitored at least every 6 weeks. Data

from this progress monitoring shall be used to adjust instruction

for the pupil.

(f) If a pupil in grades K to 3 has been determined to not

meet applicable essential literacy or numeracy grade level

benchmarks for his or her grade level, then by the end of the first

semester or trimester, or as early as is practicable for parents to

assist in the pupil's academic improvement, whichever is earlier,

the program shall provide for a written notice to the pupil's

parent or legal guardian. Beginning in the 2011-2012 school year,

this subdivision applies to pupils in grades K to 4. Beginning in

the 2014-2015 school year, this subdivision also applies to pupils

in grade 7. The notice shall include all of the following:

(i) Notification that the pupil's school has determined that

the child has failed to meet specific and essential grade level

benchmarks in English language arts or mathematics approved by the

department for the pupil's grade level.

(ii) Notification as to the role the parent or guardian can

play at home to improve the pupil's literacy and numeracy skills,

including at least additional assistance that the parent or

guardian can give to the pupil and a description of varied

approaches to completing homework or extra practice in order to

help raise the reading or numeracy skill level of the pupil.

(g) The program shall do all of the following:

(i) Beginning in the 2011-2012 school year, administer a

scientifically research-based universal screening tool that is

proven reliable and valid at the end of grade 4 to identify pupils

who require additional literacy or numeracy intervention. An

evaluator shall also consider the pupil's assessment scores on the

Michigan education assessment program English language arts and

mathematics assessments, the pupil's grade point average if

applicable, and the pupil's attendance and work habits including

beginning and completing work on time and following directions.

(ii) Beginning in the 2014-2015 school year, administer a

scientifically research-based universal screening tool that is

proven reliable and valid at the end of grade 7 to identify pupils

who require additional literacy or numeracy intervention. An

evaluator shall also consider the pupil's assessment scores on the

Michigan education assessment program English language arts and

mathematics assessments, the pupil's grade point average if

applicable, and the pupil's attendance and work habits including

beginning and completing work on time and following directions.

(iii) If a pupil is determined by the screening under

subparagraph (i) or (ii) to need intervention, then the program shall

provide the pupil with literacy or numeracy intervention and

supports in grade 5 or 8, as applicable, in addition to the pupil's

regular literacy and numeracy instruction. The additional literacy

instruction shall teach vocabulary, comprehension, and writing

skills that may be used for all content areas based on grade level

benchmarks. The additional literacy or numeracy instruction shall

be provided either as an additional separate class or subject or

outside regular school hours. If a pupil is determined to need

additional instruction, the pupil's progress shall be monitored at

least every 6 weeks. Data from this progress monitoring shall be

used to adjust instruction for the pupil. In addition, a school

district or public school academy shall include in its intervention

programs for grades 5 and 8 initiatives to improve pupils'

classroom behavior and social skills, including at least all of the

following initiatives:

(A) Use of adult advocates or other engaged adults to help

pupils establish attainable academic and behavioral goals with

specific benchmarks.

(B) Recognition of pupil accomplishments.

decision-making skills.

(D) Establishment of partnerships as necessary with community-

based program providers and other agencies such as social services,

family assistance, mental health, and law enforcement.

(3) In addition to the program requirements under subsection

(2), a school district or public school academy that chooses to

comply with this section shall implement the following initiatives

not later than the beginning of the 2010-2011 school year to

complement the program under subsection (2):

(a) In the middle school grades, both of the following:

(i) Providing teachers with ongoing ways to expand their

knowledge and improve their skills.

(ii) Integration of academic content with career- and skill-

based themes through career academies or multiple pathways models.

(b) In the high school grades, all of the following:

(i) Hosting career days and offering opportunities for work-

related experiences and visits to postsecondary campuses.

(ii) Providing pupils with extra assistance and information

about the demands of college.

(iii) Partnering with local businesses to provide opportunities

for work-related experience such as internships, simulated job

interviews, or long-term employment.

(iv) Assigning adult advocates to pupils at risk of dropping

out. All of the following apply to this initiative:

(A) The school district or public school academy shall choose

adults who are committed to investing in the pupil's personal and

academic success, shall keep caseloads for the adults low, and

shall purposefully match specific pupils with a specific adult

advocate.

(B) The school district or public school academy shall

establish a regular time in the school day or school week for a

pupil to meet with the adult advocate.

communicate with the adult advocates about the various obstacles

pupils may encounter and provide the adult advocates with guidance

Senate Bill No. 1284 as amended July 1, 2010

and training about how to work with pupils, parents, or school

staff to address these obstacles.

(4) A school district or public school academy may contract

with an intermediate school district to provide the program under

this section. Upon request by a constituent district or a public

school academy, an intermediate school district <<may>> provide

technical assistance to the constituent school district or public

school academy in developing and implementing the program under

this section. <<an intermediate school district may use funds

received under section 81 of the state school aid act of 1979, MCL

388.1681, for these purposes.>>

(5) The measure of success for the interventions under this

section is intended to be that at least 90% of pupils at all grade

levels are achieving at least a level 2 proficiency on the English

language arts and mathematics assessments administered under the

Michigan education assessment program.